CREATING INCLUSIVE COMMUNITIES IN FLORIDA - A GUIDEBOOK FOR LOCAL ELECTED OFFICIALS AND STAFF ON AVOIDING AND OVERCOMING THE NOT IN MY BACKYARD SYNDROME
CREATING INCLUSIVE COMMUNITIES IN FLORIDA
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A GUIDEBOOK FOR LOCAL ELECTED OFFICIALS
AND STAFF ON AVOIDING AND OVERCOMING THE
NOT IN My BACKYARD SYNDROME
Front Cover:
City Vine' at Hllghes
Sqllare, see page 15,
Tv:-'o childrel/ living ill a
IIlllltifallli~1' 4fordable
housillg de-velopllle/Jt ill
Florida,
Metal bllttelflies adom
the Rayos Del Sol
affordable hOllsillg
deceloplllellt, see page 33,
The Florida Housing Coalition, in conjunction with its primary subcontractor, 1000 Friends of
Florida, has produced this guidebook pursuant to the Florida Housing Finance Corporation's
Catalyst Program for Training and Technical Assistance funded under the William K Sadowski
Affordable Housing Act. A portion of the funds for this guidebook was provided by a grant to the Florida
Housing Coalition from Washington Mutual. The views expressed in this book do not necessarily reflect
the views of the Florida Housing Finance Corporation or Washington Mutual.
Floria1HouSing
Finance Corporation
QUV
Washington Mutual
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I .
I
CREATING INCLUSIVE COMMUNITIES IN FLORIDA
A GUIDEBOOK FOR LOCAL ELECTED OFFICIALS
AND STAFF ON AVOIDING AND OVERCOMING THE
NOT IN My BACKYARD SYNDROME
Local government elected
officials are the linchpin
in the NIMBY battle;
it is essential that you get
the information you need
to avoid and overcome
the negative impacts of
NIMBYism.
The Not In My Backyard Syndrome (NIMBYism) presents a particularly pernICIOUS
obstacle to producing affordable housing. Local elected officials are regularly barraged
by the outcry of constituents' concerns over siting and permitting affordable housing.
Consequences of NIMBYism include: lengthy, hostile and unpleasant public proceedings,
frustration of local comprehensive plan implementation, increased costs of development,
property rights disputes, and inability to meet local housing needs. Local government elected
officials are the linchpin in the NIMBY battle; it is essential that you get the information you
need to avoid and overcome the negative impacts of NIMBYism.
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ABOUT THIS BOOK:
A Message to Local Elected Officials
and Their Staff
In the context of this book, the Not In My Backyard
Syndrome refers to the objections of community
residents to siting affordable housing. The term
NIMBYism, as used in this context, connotes objections
made for reasons such as fear and prejudice. This is in
contrast, for example, to objections over the real threat
of an incompatible neighboring use, such as a hazardous
waste facility near a residential area. Affordable housing
NIMBYism is premised on ideas about the loss of
property value and quality of life due to perceptions
about the people who will be living in the affordable
housing and the affordable housing itself.
This book was created and developed by Jaimie Ross,
the Affordable Housing Director at 1000 Friends of
Florida, a statewide nonprofit growth management
membership organization. Questions may be directed to
the author, Jaimie A. Ross, Affordable I-lousing Director,
1000 Friends of Florida, 926 E. Park Ave., Tallahassee,
FL 32301; (850) 222-6277 or emailjllilllieross@llo!.COIll.
1"-_1
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CONTENTS
OF
~A'e
~/.... '''i"" i .
... .V'.,
:?:; ;>' " '
_...._. ~u_
W~i~:'
TABLE
FEBRUARY 2005
What is Affordable I-lousing?
4 CHAPTER ONE
10 CHAPTER TWO
14 CHAPTER THREE
18 CHAPTER FOUR
26 CHAPTER FIVE
30 CHAPTER SIX
40 CHAPTER SEVEN
46 CHAPTER EIGHT
4
Who Lives in Affordable Housing?
Why Include Affordable I-lousing in Your Community?
How is Affordable I-lousing Developed?
How Should Neighbors be Included in the Process?
What Role does Design Play?
18
What is the Connection Between Affordable Housing and Fair Housing?
How can Local Government Avoid Legal Liability from NIMBYism?
51
53
81
83
85
89
Median Incomes for Florida, 2005
Financial Resources for Affordable Housing
William E. Sadowski Affordable Housing Act
Plans, Land Development Regulations, and Development Orders
Bibliography of Property Value Studies
Other Resources and Contact Information
ApPENDIX 1
ApPENDIX 2
ApPENDIX 3
ApPENDIX 4
ApPENDIX 5
ApPENDIX 6
I~~'"
46
Special thanks to Robert Koch of Fugleberg Koch Architects for his article on design in Chapter 6, to B.J. Owens
of the Florida Fair Housing Continuum and Community Legal Services of Mid-Florida for her contributions to
Chapter 7, to the staff of the Florida Housing Finance Corporation and Wight Greger of the Florida Housing
Coalition for their contributions to Appendix 2, to Terrell K. Arline, Attorney at Law and Janet Bowman of 1000
Friends of Florida for Appendix 4, to the National Low Income Housing Coalition and Tim Iglesias for their
contributions to Appendix 5.
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CHAPTER ONE
Affordable housing IS safe and decent housing. It differs from market rate
housing in two ways:
1. The income of the family living In the housing.
2. The financing of the housing.
WHAT IS AFFORDABLE HOUSING?
(H UD) by cou nty or M etropol i tan Statis tical Areas
(1\ISAs). See Appendix 1 for a list of median
incomes for all counties or I\ISAs in Florida as of
2005. Median incomes are updated annually by
HUD; the Florida Housing Coalition posts an
updated median income chart on its Website
www.jll/O//sillg.org. Go to SHIP FAQ, Income Limits.
J n general, the income
INCOME RESTRICTED
eligible household is
said to be living in
Affordable housing is defined in terms of the
income of the people living in the home. The family
must be income eligible. Income eligibility is
defined in terms of area median income, adjusted
for family size.
affordable housing
Affordable housing is safe and decent housing. If the
housing stock in a community is substandard it
should not be counted as a unit of affordable housing.
In general, the income eligible household is said to
be living in affordable housing when it spends no
more than 30% of its income on either rent or mortgage
payments. There is an assumption that if a very low
to moderate income family is spending more than
30% of its income on housing costs, it will be cost
burdened and not have enough money left over to
pay for items such as utilities, transportation, food,
clothing, and healthcare.
when it spends 110
more than 30% of its
· Extremely low income describes a family at or
below 30% of area median income.
· Very low income describes a family at or below
50% of area median income.
· Low income describes a family at or below 80% of
area median income.
· Moderate income describes a family at or below
120% of area median income (at or below 100% of
median income for federal programs).
income on either rent
or mortgage payments.
The median Income IS determined by the
Department of Housing and Urban Development
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The Charlestoll Clllb is a 288-llI/ir i"Olll/llllllitv r/eveloper/ IIY Tlte CEl) COli/pIli/iI's 'UC'itltfill{lI/rillgfro/!/lIl!Iltifall/i/l' /;Ollr/S allr/ /I SAll. 11)(111
jimll rltl' Florir/a HOII.I'illg Fillllllre Corpolllrioll (FH FC). It prO'l.~'ir/es lIlixed illmll/e homillg ser'Uillgfalllilies /It 50% /l1lr/ 60% of area
II/ediall illi"OlI/e, as 'iJ!'I'11 liS lI//lrJ:er IlIte IIlIils, ill S/llIford.
It follows that the concept of affordable housing is
not applicable to wealthy households. If a house-
hold earning $200,000 per year chooses to spend as
much as 50% of its income on housing cost, it could
do so without being cost burdened. The issue of
whether housing meets the technical definition of
"affordable" ceases to be a societal concern when
the income of the occupant exceeds 120%, or in
some jurisdictions, 80% of the area median income.
FINANCING
What makes the housing affordable is a decrease in
monthly rent or mortgage payments, so that the
income eligible family is able to pay less for the hous-
ing than it would otherwise cost at "market rate."
Lower monthly payments or down payment assis-
tance is a result of affordable housing financing. The
The issue of whether
housing meets the
technical definition of
"affordable" ceases to
be a societal concern
wheJl the income of
the occupant exceeds
80% or 120% of the
area median income.
.
AFFORDABLE HOUSING
RESOURCES/SUBSIDIES
Found in Appendix 2, including,
but not limited to:
CCTC
CDBG
FHLB OF ATLANTA- AHP
FHLB OF ATLANTA - CIP
FHLB OF ATLANTA-
PREDEVELOP~IENT FUND
FLORIDA CO~I~IUNITY LOAN FUND
GUARANTEE PROGRMI
HOME
HAP
HHAG
HOUSING CREDITS - HC
HOPWA
LEHRP
LHEAP
MRB, RENTAL
I'Ll'
SECTION 8 - SRO
SECTION 202
SECTION 811
SFMRB
SAIL
SHIP
SHP
USDA/RHS
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financing of affordable housing is made possible
through government programs such as the Low
Income Housing Tax Credit Program (referred to as
the Housing Credit program by the Florida Housing
Finance Corporation) and the SHIP (State Housing
Initiatives Partnership) program. The major financing
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(Above) Belmollt Heights Estates, all affordable hOllsillg
develoPllll'llt ill Tampa bllilt br the Michaels DeveloPllll'llt
COlllpallY with a variety ofjillldillg sOllrces.
(Left al/d Bdoill) , The Lalldillgs, dt"celoped by The CEl)
Compal/ies, is a 336-lIl/it COlIIllllll/ity fil/(II/ced ill'ith loml
bOlldsfrom the Oral/ge COIIII(r HOIISillg Fil/allce
Allthoritr alld a SAIL IO(lIIjiml/ thf FHFG. It Sfl'VI'S
families at 50% al/d60% ol area IIIfdiall illCOlllf ill
Or/alldo. Flush ill'ith residl'llt allletlities illeludil/g the
"JIol/ster Clllb"after school progralll, a compllter Cel/lfl;
al/d move tOill'ard hOllleo'w)//eJ~\'hip progralll.
programs for affordable housing are covered in
Appendix 2. You will find a summary of each program
along with contact information. You can also find
information about Florida's Affordable Housing
Finance Programs by going to the Florida Housing
Finance Corporation Website 'W'Ww.f/oridlll1011sillg.org.
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The Crossings is a 320-lInit COIlll/lllllity ill Miami, de.udoped by the Cornn:ftone Grollp, finanred ill'ith $13.5 lfIillion ill tax-exempt
bOllds isslled by the I'll Fe. Olle hllndred perC{'11t of the [ol11lf1l1l1ity is set aside for resid{'11ts earllillg /css thall 60% of the area mediall
ill[ome. The oversized 5,()(JO+/- sf/ft. clubhollse depirted hen', illcludes a commullity/sorial room for a variety of resident progmms
and alfl{'11ities, illcludillg a I:itchell ill fC'hi(.h Otis Spllllhlleyer coohes (Ire baked throughollt the day.
There was a time, not too long ago, when affordable
housing was synonymous with public housing.
Public housing was housing built and operated by
the government. Often times (especially in the
Northeast part of the United States) the public
housing of yesteryear was built in a large barrack
type of style, easily distinguishable from market
rate housing. Generally, the government is no
longer in the business of building and operating
affordable housing, unless it is doing so in partnership
with the private sector.
Affordable housing is now built by the private
sector, often by the very same companies who also
build luxury housing. The affordable housing is
physically indistinguishable from the market rate
housing. In summary, affordable housing is market
rate housing, built by the private sector with financial
subsidy from government, which allows the developer
to pass on savings in the form of reduced sales
prices or ren ts.
Generally, the govel7lment
is no longer in the business
of building and operating
affordable housing,
unless it is doing so in
pmtnership with the
private sector.
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Bridge7Q;ater CllIb Aprll1mellts,
der.:eloped by The CED Compallies,
provides 192 1111 its for low-income
families ill Spring Hill. It was
jinanced with 1I111Itijami~)' bonds
from the Florida Housillg Finallce
Corporation, alld as with virtllalf-v
all rei/tal developlllel/ts fillanced
by FH FC, Bridgewater Club
Apart1l1mts provides a 5%
h01l1eow;nership illcmtive.
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Greell Gables is (I 129 /llIit, 3 alld4 bedroolll
co III 111/1 II ity de'Ut!OPffl by Johll ,II. C/lr/is.
lom/ed ill Omla. Fill(l/1tnl m'i/h HO/lsillg
Credits frOIll the Florida HO/lsillg Fillallce
Co rp0 ra/ioII. GreCII Gables prrJ'cides hO/lsillg
forlo",'.illc(J/lle alld e.\'!rellle~)' lom'-ill(,ollle
falllilin (15% of the /llIi/s are sl'/-aside for
falllilies earllillg 11'.1'.1' /hall 35% of arM
lIIediall ill(,o/JIe). The develoPllll'l// of Grall
Gables sp/lrrl'd ecollolllic illves/lIIl'11/ ill all
area /ha/ m'as his/orimll)' deprnsffl alld has
sl'rved /0//11'11 /hl' lIeighborhood a/"O/llId.
As 'iJ!.'i/h vir//lalf)' all r('l//al dl'vt!opllll'll/s
jillaMl'd by FH FC. Gref'll Gables proL'ides a
5% hO/JIeo""lIenhip illff'll/ive.
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MOVING RESIDENTS TOWARD HOMEOWNERSHIP
While homeownership may be the ultimate goal for low-
income families, homeownership requires a continuum of
housing opportunities. Almost without exception, affordable
housing built for low-income families using the Florida
Housing Finance Corporation's programs, including
Housing Tax Credits and SAIL, provides programs for
moving residents into homeownership. These programs
include financial literacy, homebuyer counseling and a
lease incentive which provides the family with 5% of its
rental payments for down payment assistance should they
purchase a home.
Pr().lpec/ Par;" provides aflolllabll' hO/lsillgfor 125 falllilies
ill F/.L(lIIdadale. 1/ 'iiUIS dn'l'loped/~)' The Carlisle Gm/lp
",'i/h 1lI/1I/ifalllif)' bOllrlffro/JI Bro",'(II-d CO/lII~)' If f~l. 4%
/ax credits, alld HOJJ E f/lllds fmlll 8rom'(II-d CO/lII~)',
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*
AFFORDABLE HOUSING FACTS
The only difference between market rate housing and affordable housing is that affordable
housing uses government subsidy for construction costs in addition to its conventional
financing. The facts about affordable housing in Florida are that most new developments carry
a 50 year land use restriction agreement, which requires the development to have professional
management, substantial resident amenities and services, and meet strict compliance standards
as to the eligibility of the residents and the condition of the units. The state monitors each site
at least once a year for compliance. Developments that have both low-income units and market
rate units are identical in every way other than the income of the family living in the unit.
Resident amenities and
prvgrams common0' found
in F loridas affordable
housing mZlal developmeJlts
include on-site aftersdzool
prvgrams, computer lobs,
fillallcialliteraty training,
and a dOW1l-payment
assistarzce prvgram to
move residents t()'{Q)ard
homeowners hip.
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CHAPTER TWO
Affordable housing is sometimes referred to as "WORKFORCE HOUSING:' This is
because affordable housing serves the needs of people employed in the jobs that we rely
upon to make every communIty viable. They are people such as teachers, teachers aids,
nursing assistants, medical technologists, retail workers, government employees, emergency
services providers and law enforcement. These are some of the low and very low-income
members of your community.
l' u .Jj~... .'.. !
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WHO LIVES IN AFFORDABLE
HOUSING?
They are people such as
THE WORKFORCE...
teachers, teachers aids,
IIf'SldeSla ell II)' fI/ld clubhouse.
nursing assistants,
RESIDENT PROFILE
medical technologists,
retail workers,
In the Westchester Development, owned and operated by the Wilson
Company, the resident profile is:
Walgreens - Pharmacy Tech
Kindercare - Teacher
South trust Bank - Teller
Brookwood Academy - Preschool teacher
Progressive Insurance - Underwriter
Chase Manhattan - Customer Service
Representative
government employees,
Home Depot - Sales
Hillsborough County Tax
Collector - Customer Service
Capital One - Acct. Support
Quest Diagnostics - Data Entry
Rooms to Go - Quality Control
Tampa General Hospital - Nurse
emergency services
providers and law
enforcement.
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CflSa Mariposa Senior HOIISillg built b)' COIllIIII!lIit)' HOIIsillg &'
Rl'sourccs, IlIc, Sallibl'l.
THE ELDERLY...
Bllilt ill 2004, Thl' Fillas ilt Halllptoll Pilrlo' is II 48-!lIIit
apartllll'lIt providillg homl's to I'xtl"l:IIlI'~)' 10ffi,-illrollll'
senioi:l", ,""ith 1111 avel"llge ill 10 IIII' of $9,150. Earh floor
of thl' cOlllplex cOlltaills !'ommoll .\pare .\lIdl liS il dayroolll.
libril!")', grill/{' rOOIll, WlIlpllter lab, exercise roolll illld il
lIolldl'llolllillatiollal !/iapel. The Ollrllldo HOllsillg Allthorit)'
supplellll'llted itsfedeml HOPE VI illld pub/ir housillg
jilllds 'ill,ith 1I01I~ledel"lll fllllds to providl' the upgrades.
A person working a
minimum wage job
in Florida earns
Approximately 18% of all elderly households In
Florida (65 years of age and older) live at or
below the poverty level (U.S. Census, 2000).
According to the Shimberg Center for Affordable
Housing, Florida Housing Finance Corporation
2004 Rental Market Study of the 174,316 lower
income, cost-burdened, renter households (renter
households paying more than 30% of their
income on housing with incomes at or below 60%
of area median) aged 55 and over in Florida, 62%
are paying more than 50% of their income toward
housing costs.
approximately
$12,000 per year.
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r:;;~-~
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Affordable housing is
also needed by the
physically or mentally
disabled.
-@]a
Brow'(l/'d COli lit .1' CDC tOW'1I hOll/e ill POll/pallo Bmdi aa/"iral
throllgh SH I Pflllld,' for a IIII'I/tal hMlth COliS lillieI' that falS ill
the process offorer/osllre, Forllln~l' rl II/ediral d(){'fol; a sillgle 11/011/
'OC'ith II/elltrt! illlless ki.'illg Oil rl fixed il/(oll/e II 0 'OC' hm rr hOIl/i' for
het:l'f'if alld h{'/' SOli for ollly $178 pi'r II/ollth,
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~III:
Libn1y Center 11/, (pictllred allO'iY) deve/opi'd by Libel1y Colfer
for thi' f!oll/eli'ss, Il/(, a II 0 liP rofit corporatioll, is olle of fOllr
Libel1y Cmter dl"i.'elopll/{'//ts si'rvillg thi' hOll/eli'sS ill lad-sol/ville,
Each isfil/all(i'd 'iC,ith (()II/billatiolls of HOIISillg Credits, SAIL,
Sf! II~ HGJI E, J/rKil/lley :lct fllll(h', alld (ol/vmtiollrt!loalls,
PEOPLE WITH DISABILITIES AND THOSE
WHO MIGHT OTHERWISE BE HOMELESS
Affordable housing is also needed by people with
physical or mental disabilities, These populations
may be the very lowest income in your community,
For example, a person living on supplemental security
income may be living on less than $7,700 per year.
There are a number of nonprofit organizations
throughout the state of Florida in the business of
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providing housing in partnership with others for
these "special needs" populations, The developers
of affordable housing, whether for profit or nonprofit,
will usually include a mix of units in a development
to meet the needs of a continuum of extremely low to
low-income families.
The Coalitioll to Assist
SlIpported Li'i.'illg (CAS!.)
ill Sarasota, pro'i.0/f'J
aflordabli' hOllsil/g for
people w,ith dt'velopJ//t'l/frt!
disabilitii'S, fllllded 'iJ!;ith
((SSistrllla frolll loml
gO'i.'i'r/lllli'lIt, fOlllld((tiolls,
alld the Florida HOIISillg
Fill((lI('(' r;orpomtioll,
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.................................
CHAPTER THREE
Every unit of local government in the state of Florida has a legal obligation to provide for
the housing needs of its entire community pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act of 1985 (Chapter 163, Part II,
Florida Statutes, commonly referred to as the Growth Management Act). The Growth
Management Act sets forth certain requirements for each plan element.
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WHY INCLUDE AFFORDABLE
HOUSING IN YOUR COMMUNITY?
AFFORDABLE HOUSING IS A LEGAL OBLIGATION
· Housing all current and
anticipated residents
· Providing adequate sites
· Eliminating
substandard housing
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The requirements for housing are found in Section
163.3177 Florida Statutes, subsection (6)(0 as follows:
low-income, and moderate-income families,
mobile homes, and group home facilities and foster
care facilities, with supporting infrastructure and
public facilities.
A housing element consisting of standards, plans
and principles to be followed in:
1) The provision of housing for all current and
anticipated future residents of the jurisdiction.
5) Provision for relocation housing and identification
of historically significant and other housing for
purposes of conservation, rehabilitation, or
replacement.
2) The elimination of substandard dwelling
conditions.
6) The formulation of housing implementation
programs.
3) The structural and aesthetic improvement of
existing housing.
7) The creation or preservation of affordable housing
to minimize the need for additional local services
and avoid the concentration of affordable housing
units only in specific areas of the jurisdiction.
4) The provision of adequate sites for future
housing, including housing for low-income, very
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The Administrative Code requirements for the
Housing Element are found in 9J-5, Florida
Administrative Code(FAC), which states:
The purpose of this element is to provide
guidance to local governments to develop
appropriate plans and policies to demonstrate
their commitment to meet identified or projected
deficits in the supply of housing. These plans
and policies address government activities as
well as provide direction and assistance to the
efforts of the private sector.
The administrative rule basically reiterates the
statute, but clarifies that all current and anticipated
future residents include those with special needs
such as farmworkers; that local governments are
expected to partner with the private sector; and
utilize federal, state, and local subsidy programs to
meet their housing goals.
CITY VIEW AT HUGHES SQUARE
Hllghes Sqllare is a lIIixed-lIse, lIIixed illcollle developllleJIl ill dom'lItli''''''1I
Orlalldo. It colIsisls of City Viem', 266 rl'lltal apar/Ille11IS, 23,000 sqllare feel
o/lIeigh/lorhood shoppillg, alld associaled amellities alld is III/chored /ly the
co/porate hetldqllar/ers 0/ a Fortlllle 500 CompallY: Hughes Supply, IlIc.
The Idlorda/JIe residelllial COllllllllllily at Ci~1' Viem' wasjoillt~)' developed /ly
BallC of A merica COllllllullily DE"i.:elopml'lIt Co/poratioll alld the 1I0llprofil
Orlalldo Neigh/lorhood Impro'celllellt CO/1J1Jratioll (ONIC). II illellldes 14
Ihrel' /ledroom II II its , /33 tm'o /ledroolll apa rIm etIts, alld //9 olle bedroolll
II II its. Of the lotal 266 II II its, 10% m,ill/ll' reserved for ""er)' 10m'-illCollle
hOllsehold,' (50% 0/ area lIIediall hOllsehold illCome), 30% utill/le rl'sen'l'fl
for those at 60% of mediall ill(Ollle, alld 10% m'ill/ll' held for hOllseholr/s at
120% of lIIediall. Because the de/lt is tax-exelllpl, the relllaillder o/Ihe
apar/llleJ1ts must /Ie set asidl' for hOllsehold,' /Ie/om' 150% of mediall illmllle.
The plallllillg, fUlldillg, II1/(1 deulopmetlt of City View at Hughes Square m'a.l'
(ert(/ill~1' (omplex, bllt lIolletheless a replim/lle model.
HOUSING ELEMENT DATA AND
ANALYSIS REQUIREMENTS
The housing element is to be based on data from
the latest decennial United States census or more
recent estimates, including the affordable housing
needs assessment that is provided by the state.
Pursuant to the requirement that the state provide
a statewide needs assessment, the Department of
Community Affairs contracts with the Shimberg
Center at the University of Florida in Gainesville,
to develop a methodology and perform the assessment,
All local governments have been provided with
the data for their jurisdiction. This has removed
the burden of complying with the laundry list of
data and analysis requirements in 9J-5.005(2), FAC.
The state, through a
contract with the
Shimberg Cetlter for
Affordable Housing,
provides every local
government with data
showing how many units
of homeownership and
rental units are needed
within the jurisdiction.
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1_-
The family pictured to
the light had been living
in this substandard
AFFORDABLE HOUSING
IMPROVES THE ECONOMIC
HEALTH OF THE COMMUNITY
AND ENHANCES THE LIVABILITY
OF THE COMMUNITY FOR
EVERYONE
housing. The SHIP
program in Gadsden
County assisted in the
construction of their
new home,
When a community has dilapidated housing
srock, or people living on the streets, the
entire community suffers. Those who are in
the dilapidated housing or without any housing
certainly suffer the most. But inadequate
housing effects everyone in the community.
pictured above.
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None of us want ro explain ro our children why
the richest country in the world has people
living in shacks or without homes at all. Some
would argue that adequate housing is a moral
imperative as much as a legal obligation.
Aside from the legal obligation to provide housing
for the entire current and anticipated population,
every local government in Florida should provide
a mix of housing so that it can continue to grow
economically. \Vhen new industries evaluate a
prospective community, one of the factors they
consider is whether adequate workforce housing is
available. New industries provide jobs and a
substantial ad valorem tax base. To attract new
industry and raise the ad valorem tax base of your
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community through the development of nonresidential
properties, you must have an adequate inventory of
affordable housing. In some communities, where
housing is extremely expensive, such as the Florida
Keys, Naples, and any number of other waterfront
communities, there is a very real threat of losing
basic services, such as teachers and police protection
due to a lack of affordable housing.
Affordable housing should be located throughout
the jurisdiction to provide maximum housing oppor-
tunities to all families. It is not necessary to avoid a
"concentration" of affordable housing in the way we
have learned to avoid a concentration of government
built housing. The premise behind avoiding a con-
centration of the public housing built and operated
HOSPITALS... SCHOOLS...
TECHNOLOGY /SUSINESS PARKS...
ALL NEED HOUSING FOR EMPLOYEES
by the government is that the public housing popu-
lation may suffer from social ills associated with
unemployment and poverty. The concentration of
extremely low-income families in poorly managed
and maintained properties has in some instances
lead to problems with drug or other criminal activity.
Affordable housing built, managed, and maintained
by the private sector is typically housing for working
families; families that should be located near job
centers, good schools and, whenever possible,
public transportation.
To attract new
industry and raise the
ad valorem tax base
of your community
through the developmmt
of nonresidential
properties, you must
have an adequate
inventory of affordable
housing.
-@t
CHAPTER FOUR
HOW
IS
Local government has
a number of tools to
encourage and assist
the private sector in
developing affordable
housing.
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The legal obligation to provide for the housing needs of the entire current and anticipated
population, as outlined in Chapter Three, does not mean that local government is
expected to develop or construct housing. Local government is expected to use its authority
and expertise to encourage and assist the private sector to produce affordable housing.
Affordable housing is developed by the private sector with the help of construction subsidy.
But oftentimes financial subsidy for construction is not enough. Local government has a
number of tools to encourage and assist the private sector in developing affordable housing.
Those tools include: (1) I'LANNING, (2) FIi\i\NCI;\!(;, and (3) RE(aILAI'ORY REFOR\1.
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AFFORDABLE HOUSING
DEVELOPED?
PLANNING FOR
AFFORDABLE
HOUSING
residents, anticipated residents, and those with special
needs such as farmworkers and people in need of
group homes. Part of comprehensive planning for
affordable housing is the designation of adequate
sites for affordable housing on the future land use
map. The future land use map is a required element
in the comprehensive plan. Another part of planning
for affordable housing is implementation of the
comprehensive plan housing element and future
land use map through consistent land development
regulations and development orders.
Planning is an essential part of producing affordable
housing. In Florida, planning for affordable housing
begins with comprehensive planning. Every local
government is required to plan, in its housing element,
for the housing needs of its entire population: existing
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Railroad J!vmlle Apar//IIm/s: The City of Wil//er Park provided over ol/e /IIilliol/ dollars from a cO/llbil/a/iol/ of loml goverll/lleJl/
/ill/(/s gmera/edfro/ll a lillkage fee ordil/al/a (/I/d other local goverl/mell/ il/i/ia/ives /0 leverage Federal HOME fllllds al/d provide
30 I/I/i/s of 1Ie'liJ' cOl/s/mc/iol/ rell/(/I for 10'liJ,.il/co/llefa/llilies de'ueloped by Or/alldo Neighborhood Improve/llell/ Corpora/ioll,
Par/lln:, il/cluded the lVill/er Pad' Housillg Au/hori/y ('liJ'hich is leasillg the lal/d from/he ci()'), the I/ol/profi/ developn; Or/aI/do
Neighborhood De'ue/op/llell/ Corpora/iol/, the Oral/ge COI/ll/)' HOllsil/g Fil/al/ce AII/hori/y, Florida COlllllllllli(}' Par/I/n:" Florida
Commlll/i/y Capi/al Corpora/ioll, al/d the Oral/ge COIII//y SHIP program, Till'elve III/i/s house very 10 'liJ'-il/cOlIle families; 10-ulli/s
hOllse IOill'-il/co/lle falllilies; al/d 8 l/IIi/s are /IIarh/ rate, 110 il/collle res/rir/iol/s,
ADEQUATE SITES
employment, transportation, schools, day care, and
other community and social services. To promote
a mix of incomes and to avoid the concentration of
low-income housing, multifamily housing could be
permitted in all residential areas, subject to design
standards, as well as in mixed use areas where
neo-traditional design is encouraged.
Homeownership is what many favor for themselves
and for others. Unfortunately, the number of persons
earning wages too low to afford homeownership
means that rental housing is the type of affordable
housing most needed in Florida. Rental housing
generally takes the form of high rise apartments,
garden apartments, townhouses, and quadroplexes,
triplexes, or duplexes. Providing adequate sites for
such housing means that local government future
land use maps and local zoning codes designate sites
for multifamily housing. These sites should be
within the urban service boundary, close to major
When adequate sites are not designated for multi-
family housing the result is a deficit of housing for
residents and employees within the jurisdiction.
This is because developers are not likely to undertake
the task of comprehensive plan or zoning changes
to accommodate the multifamily housing. If the
When adequate sites
are not designated for
multifamily housing
the result is a deficit of
housing for residents
and employees within
the jurisdiction.
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Plamlingfor affordable
housing includes
adequate sites zoned
for multifamily housing
and a zoning code
that creates a frie1ldly
environment for
the developme1lt of
affordable housing.
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-,,--~..-- ~-
-::;"'!
__---I
The Villas at Hampton Pari: is a 48-nnit apartment providillg homes to extremelv low-iI/tome sfIliors, ffi'ith all average iI/tome of
$9,150, The Orlalldo Housil/g iluthority ,wpplelllfllted its federal HOPE VI alld pu/JIie housillgfullds fJ!Jith l/ol/-fN/eral jilllr/\' to
pro'uide the upgrades.
developer does brave an application for a zoning
change he or she is often subjected to abusive
behavior. Police escorts from city and county com-
mission chambers to protect developers from the
NIMBY crowd are not atypical enough. In addition
to the emotional stress, the developer suffers sub-
stantial time delays, and increases in the cost of
development, which may result in higher costs to
the residents.
In 2004, the Florida Legislature amended Section
163.3177, Florida Statutes to encourage local
governments to allow accessory dwelling units in
any area zoned for single-family residential use for
the purpose of providing affordable rental housing.
The Department of Community Affairs will make
a report to the Legislature by January 1, 2007,
specifying the number of accessory dwelling units
that were created pursuant to ordinances that permit
accessory dwelling units in single-family areas.
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IMPLEMENTATION
THROUGH LAND
DEVELOPMENT
REGULATIONS
Every local government must adopt land development
regulations (ordinances), which implement the
policies in the comprehensive plan within twelve
months from adoption of the plan or plan amendmen t.
These land development regulations may be as
commonplace as an impact fee waiver/reduction, or
as progressive as an inclusionary zoning ordinance,
requiring all developments of a certain size to
include some percentage of affordable housing within
the development.
Even in instances of good comprehensive planning,
evidenced by a housing element with measurable
goals, objectives, and policies based on reliable data
and analysis, an affordable housing development
may be tied up in the development or permitting
process by vehement opposition from the community,
because of inadequate land development regulations.
For example, zoning codes that are so restrictive as
to necessitate a public hearing for any increase in
density or deviation from a minimum threshold will
result in NIMBY opportunities.
The adoption of a zoning code that implements the
future land use map and the goals, objectives, and
policies of the housing element is the first step in
avoiding this problem. For example, a zoning code
which provides a density bonus as a special exception
rather than as a conditional use, or a zoning code which
permits all types of residential uses within each
residentially zoned area, would go a long way toward
avoiding NIMBYism. Another progressive move
toward averting NIMBYism is to delegate to staff those
matters which are not required by local charter or
bylaws to come before the city or county commission.
Eliminating unnecessary public hearings will reduce
opportunities for nonproductive community opposition.
FINANCING
l'vlost of the financing for affordable housing will
come directly from the federal government or
from federal and state programs administered by
the Florida Housing Finance Corporation. Those
programs are covered in Appendix 2. But in many
of these programs developers are competing in a
process that rewards those who can leverage state
dollars with local contributions. All counties and
entitlement cities in Florida have SHIP funds.
Local governments over 50,000 in population also
have federal HOME and CDBG monies to award to
local developers. l'vlaking these awards in a timely
Financingfor affordable
housing is available from
numerous state, federal,
and conventional sources.
Local governments can
leverage these funds
through a variety of
contributions.
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Regulatof)' reform
should reduce costs
while maintaining
qualit)'. Regulatof]'
reforms provided as
a matter of right will
illcrease the delivef]'
of affordable homes.
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U
<l>
::;
ro
<.?
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"="5:"" j
"~l;>~~"'~ _-
-- -..... oii
":lilpl{{lIe" (11Id "Calllel Bad:" styli' duplexfJ (lit' till'O of the dl'siglls Thl' ilJirhaels DeveloPllll'llt Co./Torti (;allas allo Par/lien",
used ill Bellllollt Heights Estates, all aflorda/J/e housillg orueloplllf'lIt ill Talllpa Ituilt 'li.rith a varirty of./i(//OS illrludillg lIIultifalllily
ItOIlO fillallrillg fro III thr 11 illsltorough Cou lit .I' jj F:I.
manner can be critical to the developer's success in
securing the private sector conventional financing
that often constitutes over half the funds needed to
finance the development. Local government can
also contribute financially though a number of other
means, such as waiver, payment, or reduction in
water and sewer, transportation or impact fees;
contribution of infrastructure, and surplus land or
use of general revenue to supplement the financial
subsidy in the development. Developing afford-
able housing is only accomplished through the joint
efforts of the private and public sectors"
granted simultaneously, such as reduced set-backs,
combined with narrow streets, and on-street parking,
the quality of the development will be reduced,
giving the neighborhood a legitimate reason for
opposing the development. But regulatory reforms
that are balanced and provided as a matter of right
will increase the delivery of affordable homes.
REGULATORY REFORM
Regulations that have no posItive effect on the
health, safety, and welfare of the community, and
have a detrimental effect on affordability have no
legitimate place in the zoning code. An example of
this would be a minimum square footage requirement
or a requirement that all homes have two car garages.
Such an ordinance adds to the cost of housing
without providing a counter balancing public purpose.
These issues are addressed in Chapter Six on the role
of design and Chapter Seven on the connection
between affordable housing and fair housing.
Reforming regulations that add to the cost of
housing is an essential local government tool. But
housing quality must be maintained while costs are
reduced. If too many reliefs from regulation are
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lOllI's Ltllldillg pmvidl'sfirsr-rillll' hOllll'OZ!'IIl'1"Ship 10
SI"1-'1'II ftllllilies ill rhis rOfi.~'lIhollse df'ixlopllll'llr IJlli/r
01' ll~srsrtlr HOlllfS, lilt', z!lirh wlIsrrllcrioll/illrlllrillg
r;lId dOZ!'1I !}(r)'IIII'11/ tlssis/rlllce frolll SHIP tllld
HOJII:: prograllls tldlllillisreredfmlll /he Ci/)' of
Or/rllldo HOIISillg !JeprI/111/1'II/, Etlch IIl1i/ is
Ir'stlle res/ric/ed for 15 Yl'fll:,.,' OIl~1' 10Z!' tllld ~'IT1'
10Z!l-illmllle bll)'ers qlltllify, Ftllllilies ptlid tiS lirde
tiS $60,000 /0 live ill /hese 1,500sqlltlrl' foo/, /Z!'O
mrgtlrage rOZ!'lIhollll'S ill dOZ!'lIroZ!'1I Or/alldo,
When the SHIP program was created in 1992 (see
Appetldix 3, Williotn E, Sadowski Affordable Housing
Act), providing millions annually in grant monies
to local government for the production of affordable
housing, it came with the condition that local
government do its part to reduce the cost of housing
by expediting permits specifically for affordable
housing. "Permits" are defined in accordance with
Section 163.3164 (7),(8), Florida Statutes:
Local government planners, engi-
neers, and others in the land use per-
mitting loop, are not in the business
of administering the SHIP program,
and are frequently unfamiliar with
its legal parameters. But unless a
preference in timing is given to affordable housing
development in all aspects of land use permitting,
as defined above, the local program is not conform-
ing to the requirements of the SHIP statute. And,
if corrective action is not taken to implement expe-
dited permitting for affordable housing, the grant
of SHIP funds to the local government can be ter-
minated.
A permit is a development order which means
any order granting, denying, or granting with
conditions an application for a development
permit. A development permit includes: any
building permit, zoning permit, subdivision
approval, rezoning, certification, special
exception, variance, or any other official
action of local government having the effect
of permitting the development of land.
When local government submits its annual SHIP
report to FHFC it must include a dollar estimate
for the increase in housing costs associated with
the adoption of land development regulations during
the preceding year. To accomplish this, local
government will need a housing economic impact
assessment each time it adopts an ordinance so that
an annual tally can be made. This process does not
prevent local government from adopting ordinances
that increase the cost of housing, but it does insist
upon an awareness of the consequences for affordable
housing from a variety of land development regulations.
All local gove17lJnents
receiving SH J P funds
must:
( J ) f?).pedite all pennits for
affordable housing; and
(2) have an on-going
process of review of all
land development
regulations, comprehensive
plan amendments, and
ordinances that increase
the cost of housing, prior
to adoption.
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~ ~ ~ :;::: ~ ~ ~
;:::: ~. ;:::: ~ ~. ~
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;:::: .... ~
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0"Ci
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THE USE OF LANDSCAPING
An example of a land development
regulation that adds to the cost of con-
struction, but is good for affordable housing is
a landscaping and tree protection ordinance.
Curb appeal is most significantly impacted by
trees and landscaping. Trees and landscaping
enhance pride in the home, provide a sense
of community, and reduce NIMBY complaints.
Trees can also provide a buffer between uses.
For example, multifamily affordable housing
can be nestled in a cluster development
adjacent to large-lot single-family neighborhood
without any break in the scenic flow, provided
adequate landscaping is used. The use of
landscaping and natural buffers will allow
the development to go forward and thrive
as a community asset. Moreover, trees
which provide shade and reduce the need
for air conditioning may render a home
more affordable due to lower utility costs.
But no ordinances, including landscaping
and tree ordinances, can apply only to
affordable housing without running afoul
of fair housing laws. See Chapter Seven on
the connection between affordable housing
and fair housing.
The use of landscaping
and natural buffers will
allow the development to
go forward and thrive
as a community asset.
-@r
CHAPTER FIVE
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HOW
Florida's Growth rvlanagement Act gives great weight to CitIzen participation and the
rights of citizens to challenge development orders for inconsistency with the local
comprehensive plan (see Appendix 4 for process). When land use changes are proposed, nearby
property owners are notified and invited to participate in the public hearing. Although
affordable housing is no different in land use type than luxury housing, it may evoke a highly
charged reaction within the neighborhood. The legitimate concerns of neighbors to a
proposed development must be addressed.
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SHOULD
NEIGHBORS BE
THE PROCESS?
INCLUDED
iJ;fony times the
developer will discover
that opposition to the
development is based
on misinformation.
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IN
Prior to the Public Hearing
BEST PRACTICES
FOR ADDRESSING
COMMUNITY
OPPOSITION PRIOR TO
PUBLIC HEARING
the words and actions of its elected officials and staff.
If the community has heard positive messages about
affordable housing, is generally aware of the need
for affordable housing, and has enough evidence
that there is no reason to fear affordable housing,
community opposition need not emerge.
General education about affordable housing and its
place of importance in the community should ideally
take place long before public hearings on a specific
development. Local government is in a position to
assist in this effort by taking a leadership role through
· One school of thought is that it is best for the
developer to meet with neighbors before having a
set plan for development to give the neighbors
the opportunity to join in the planning and design
of the affordable development. In this way,
neighborhood "buy-in" is the greatest. But many
believe this is not the way to go, as it sends a message
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to the neighborhood that there is something different
about affordable housing that justifies it being
treated in a different manner than market rate
housing. After all, it would be highly unlikely
that a developer of luxury or market rate housing
would ever solicit community input for the
design or plan of the proposed luxury or market
rate development.
explaining the plan for development or showing
the development plans to the neighboring property
owners. There is some difference of opinion as
to whether the developer should outreach to
neighbors. Some believe it is extremely productive,
while others find it creates a forum for building
OppOSitIOn momentum.
· To avoid the NIMBY battle during a public hearing,
it is best if the developer can meet with the
neighbors ahead of time to answer any questions
they may have about the proposed development.
Many times the developer will discover that
opposition to the development is based on
misinformation. This can be rectified by
· Neighboring property owners are often concerned
that the affordable housing development will
not look good. The developer could respond best
to these concerns by taking the neighbors on a
tour of developments similar to the proposed
development and arranging for the neighbors to
speak with residents who live nearby an affordable
development. Oftentimes, if neighbors get a
To avoid the Nlil1 BY
battle durillg a public
hearing, it is best if
the developer call meet
with the neighbors
ahead of time to answer
any questions they
may have about the
proposed development.
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Dispelling the myth
that affordable housing
reduces property values
IS a must.
F OI1ItJlate~)', a great
maJ/Y studies have beeJ/
done J/ationwide to
provide us with the
evidence we need that
affordable housing does
IlOt reduce property
values, and indeed, in
some instances increases
neighboring property
values.
~
chance to see an affordable housing development
they are so surprised by how attractive it is that
they no longer object to the proposed development.
. A reduction in property value is usually the primary
concern heard from community opposition.
Dispelling the myth that affordable housing
reduces property values is a must. Fortunately, a
great many studies have been done nationwide to
provide us with the evidence we need that affordable
housing does not reduce property values, and
indeed, in some instances increases neighboring
property values. Appendix 5 provides a compre-
hensive bibliography of property value studies
showing that affordable housing does not reduce
neighboring real property values.
Distinguishing between legitimate concerns that
may be easily addressed and opposition based
on fear, ignorance, or bigotry is critical. A tip-
off that community opposition is not grounded
in legitimate concerns is when the developer
addresses one issue, only to find another issue is
raised; when that issue is addressed, yet another
issue is raised, and so on.
During the Public Hearing
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Nearly every hearing in regard to a particular
development approval will be quasi-judicial in
nature. This means the county or city commission
must conduct the hearing in a courtroom-like
manner to ensure the due process rights of the
citizen requesting a land use permit. The quasi-
judicial nature of the proceeding requires that the
comments made to the commissioners be treated
as testimony and that decision-makers base their
decisions on substantial competent evidence.
For example:
The crowd opposing the development makes
vehement claims of traffic concerns, but does not
produce a traffic study to support its position. The
developer submits a credible traffic study which
shows the traffic impacts to be negligible. In this
case, the local government would not have substantial
competent evidence upon which to deny the
development due to traffic impacts.
It is important to encourage community participation
while defusing affordable housing NIl\IBYs.
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BEST PRACTICES
FOR ADDRESSING
COMMUNITY
OPPOSITION
THE PUBLIC
DURING
HEARING
· Affordable housing should be treated exactly as
any other housing. There are two exceptions to
this rule: (1) Affordable housing permits must be
expedited. Delaying or continuing a land use or
permitting hearing based on neighborhood
opposition undermines the legal requirement for
expediting affordable housing permits. The most
extreme example of delaying an affordable housing
development based on neighborhood opposition
would be the adoption of a moratorium which has
the effect of stopping the development.
(2) Affordable housing should be treated as
"infrastructure like" for purposes of fiscal impact
analysis, and like schools, roads, or hospitals,
should not be subject to a fiscal impact analysis
for purposes of permitting decisions.
· Treating affordable housing as you would treat
any other housing means there should be no
consideration given to the "type" of people who
will be living in the housing when making a
land use decision. If a permitting decision is
made based on the fact that the development is
affordable, the local government will be violating
Section 760.26, Florida Statutes (see Chapter Seven,
9
~,
;.~
The Connection Between Affordable Housing and
Fair Housing).
· Everyone who speaks about the development at
the public hearing should be treated as a witness.
They should state their name and address for the
record and speak into a microphone as the hearing
is taped. This means it is inappropriate to allow
anyone to yell out comments from their seats or
the back of the room. After the testimony from
the community opposition is heard, the party
requesting the development permit should have
an opportunity for response or rebuttal to that
testimony. If, for example, a public hearing is
held in a manner that allows the petitioner to
make a five or ten minute presentation and that
presentation is followed by five minutes of
community opposition testimony from 75 people,
the hearing has taken on a decidedly lopsided
flavor, where decisions appear to be made by
majority (or some might say "mob") rule rather
than a fair evaluation of the facts.
*
MORATORIUMS
A moratorium is to be
used in cases of emergency
to stop construction or
development for a
temporary period of time
so that local govemment
can adequately plan.
In the case of affordable
housing, every local
govemment is legally
compelled to have a local
comprehensive plan and
future land use map that
has adequately planned
for affordable housing
(see Chapter Three, Why
I nc/ude Affordable
Housing In Your
Community). It would
therefore be unlikely that a
moratorium on affordable
housing could ever fall
within legal parameters.
~
CHAPTER SIX
WHAT
Before the community at large will embrace affordable housing, it must know that affordable
housing can be as attractive as market rate housing. The education process begins with
design. If neighborhood opposition has nothing to do with perceptions about the people who
will be living in the housing, the concern over property values is more than likely a concern over
design. The opposition is bottomed on the belief that affordable housing is somehow cheap
or ugly and does not fit within a community of market rate housing.
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ROLE
DOES
DESIGN
PLAY?
Affordable housing can and should fit aesthetically
within market rate comnzunities
All low cost housing is
not affordable housing.
~
WHY IS THERE A
PERCEPTION THAT
AFFORDABLE HOUSING
IS CHEAP OR UGLY?
Another reason for the perception of affordable
housing as cheap or ugly is the assumption that all
cheap and ugly housing in the community is
affordable housing. If you were to drive around a
given town and ask your passenger to point to
which developments are affordable housing, he or
she would most likely point to the unattractive and
run down housing and say "that's affordable hous-
ing." But in fact, the housing which is pointed to
as "affordable" is actually market rate housing
(housing that is built without financial subsidy) that
is rented or sold to low-income people. All low cost
housing is not affordable housing. Affordable housing
is safe and decent housing (not substandard), which
is made affordable to low-income persons
A number of Floridians moved here from the
Northeast, where they may have had personal
experience with large government housing projects
causing a deleterious effect in their area. They
have moved to Florida for its beauty and want to
make absolutely sure that what they experienced
"up north" is not going to happen here.
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Par/:er PIt/a has five IJ//llgalo'U!' style homes lomted ill the
City of LaJ:elalld. Developed by Keystolle Challetlge Fu!/d
'U!'ith assista!/ce fro III the City of La/:ela!/rI Sf! I P program,
these homes hO'1)e pl'O'virled lo'U!' allrlmorlerate ill come fami-
lies 'U!,ith .f11:(t-time hOllleo'U!'"t'rship.
through financial subsidies in the construction or
down payment and closing cost assistance to the
homeowner and generally requires the resident or
homeowner to spend no more than 30% of its
income on housing costs,
WE MUST DISPEL
THE MYTH THAT
AFFORDABLE
HOUSING IS
CHEAP OR UGLY
The National Low Income Housing Coalition
dedicated the Fall 2001 issue of the National
NIMBY Report to design, You can read that article
online at www.ulil1c.org or order a copy of the report
from the National Low Income Housing Coalition
using the contact information provided in Appendix 6.
"Affordable housillg has
acquired an impol1{lIlt
Ilide ill the architectural
community.... Of tell the
architecture of affordable
housing is better than
the architecture of the
market-rate production
housing." Interview
with 'Michael Pyatok,
Design and Public
Opinion,
The NI.MBY Report,
NLIHC, Fall 2001.
.
ilfinds are loathe
to change once a
neighborhood
opposition eff011
has bee1l launched.
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Telesis Miflmi Corpomtioll detH'loper/ "IJmdelltoll Village," ill partllen-hip w'ith the Bmdmtol/ Housil/g i1l/thorit)', Ol/e
hUlldrcd fll/d sixty tow:uhomeJ, fil/{lI/(cd ,""'ith a ("OII/billatiol/ of fUl/dillg. illdudillg FIi FC Prc-f)evt'!opmt'll! LOfll/ Program
Fllllds (I'Ll') {{lid FH FC 9% Housillg Credits. Approxilllfltelv 85% sen.;e f{{Jllilies at or bt'!ow1 60% of arcfl IIIcdifll/
il/{'{JllIe; 15% of the hOlllcs St'l'L'C ffllllilies {{t or below' 30% of {{rea llIedi{{1I il/(ollle,
You will find articles and illustrations from architects,
developers, and affordable housing advocates to
assist you in allaying the negative perceptions about
what affordable housing looks like.
neighborhood support. Both strategies have been
used successfully. Nationally known architect
Michael Pyatok, one of the authors of Good
Neighbors.' Affordable Family Housing, Rand
Publishing, 1996, recommends participatory design
workshops with the neighborhood to garner support
for the development. He recommends that the
developer meet with the neighbors before a plan is
developed, so the neighbors have the opportunity
to participate in the development plans. But others
vehemently disagree with this tact.
DISPELLING THE MYTH
BEGINS WITH EDUCATION
Tackling NIMBYism in general, and NIMBY design
issues in particular, is fairly new territory and as yet
unsettled among housing professionals. For example,
a common dilemma for the affordable housing
developer is whether to proceed stealthily in an
attempt to avoid neighborhood opposition, or to
boldly bring the development to the attention of
the neighborhood early on, in an effort to enlist
One thing upon which everyone can agree is that it
is never too early to educate public officials and the
public at large about affordable housing design.
Minds are loathe to change once a neighborhood
opposition effort has been launched. If the
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prospect of a multifamily affordable development
conjures images of the mammoth government built
and mismanaged public housing apartments of
yesteryear and the prospect of an affordable single
family home conjures images of a bare bones house
that sticks out like a sore thumb as the "affordable
house," the private sector affordable housing
developer will be in for a difficult time from the
market rate neighborhood.
The Florida Housing Coalition and the
Department of Community Affairs have received
a great deal of positive feedback from the design
workshops we have provided using the expertise
of Florida architect Robert Koch, of Fugleberg
Koch Architects. Koch contributes the following
guidelines for designing affordable homes to
fit aesthetically within Florida's market rate
neighborhoods.
Pillllacle HOIlSillg Grollfi. IIses "Art ill Pllblir
Plaf"es" to ralllre NI,II!]Y oppositioll al/(l
firo'i.-,ide a II/ort lovely eJlDirOllll/ellt Jor the
resid('//ts oj their affordab!t CO III III II II ities.
Rayos De! Sol st(/IIds Ollt for its desigll
Ilett/r/y. tOfified off by 'i.-,ibmllt coloredllletal
blltll'lf/ies alld a Jiber optics lightillg smlfitlllt'
defiictillg the mys of the Sllll ((tofi this /3
sto/J Sp(/lIish-f/a'i.-'olt'd blli/r/illg ill East
Little Hrl'i.)(/lIa. Pillllm/(' Fitlll' boasts a 40
Joot IIIl1rtt! "rhile proDidillg ((fia/llllellts Jor
/86 101ll'-ill("()lI/efalllilies ill dow)//to'iJ!'lI
,l/iall/i. The Pillll(/c!e HOIISillg Gro/lp
co//////issiolls w'orld rellow'lIed loral a/lists to
desig/l (/lllll'O";,' for each of its alJonlable
deDelo filll(,// ts.
"People who /mo'W)
co l1fe m po rmy affordable
housing are aware
that de-ueloper:.; hm.:e
incO/porated valuable
lessons from the overly
publicized failed public
housing 'prr~iects' and
no frills apm1ment
complexes... a ne-ill' COhOl1
of architet1s has created
attractive, 'm'ell filllctioning
bui/rlillgs that are of tell
more attractive thall
market-rate developmeJlts.
}et, the broaderpublic
and most decision-makers
are unaware of this
we/I-kept affordable
housing secret"
Tim Iglesias,
The Promise and
Limits of Design,
The NIMBY Report,
NLIHC, Fall 2001.
~
FOil r differml dl'siglls for afford-
aNt sillg/t~/{lIlIi/)' hOllsillg IIsed ill
Iht Hall/filOIl Prrr/: f)rue/ofill/l'lIl.
Orlalldo.
- '"
/>>~!
,~..'l..
~;!
Robert Koch, AlA
Fugleberg Koch
Arch i tects
I am convinced of
the need to introduce
affordable choices into
areas where higher
values prevail.
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HOW TRADITIONAL NEIGHBORHOOD DESIGN
CAN SUPPORT DIVERSITY
By Robert A. Koch
If families with limited incomes are to have
choices in where they live, housing they can
afford must be built in many neighborhoods.
In a perfect world. neighborhoods, developments,
and communities would have a blend of housing at
various price levels. But this approach is too
inefficient for many developers. Nlass production,
with little variety and customization, permits
greater economy. Heterogeneous developments are
more expensive, regardless of size and quality.
Nonetheless, I am convinced of the need to introduce
affordable choices into areas where higher values
prevail. Here are some of the tools I recommend
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for those interested in developing what I call
"inclusionary housing." These tools come from the
school of Traditional Neighborhood Design, or
TND, an urban design movement whose popularity
continues to grow. TND, rooted in American
neighborhoods of the early 20th century, emphasizes
mixed-use development, pedestrian-friendliness,
and opposition to sprawl. Front porches are a
hallmark of TND design, but the movement
extends to land use planning and balanced
development principles.
1 . VARY THE LOT SIZE
Since the 1950s, lot arrangements for residential
neighborhoods have relied on the street for all auto-
mobile and pedestrian access. Lot widths have been
diminishing, and consequently the amount of the lot
frontage dedicated to the automobile has grown
significantly. In this day of 50-foot-wide (and some-
times narrower) lots with two car garages and nominal
setbacks, street faces are dominated by the car
population. The hidden human spaces behind the
cars and garages often face away from the street.
The rediscovery of traditional patterns with service
drives and garages at the rear has prompted a surprising
discovery: Narrow lots where the garage is concealed
generate the same perceived value as wider lots with
garages dominating the street front. With this new-
found awareness we now can consider neighborhood
patterns that can offer different lot dimensions without
measurably altering street perception.
The most common lot pattern in "traditional neigh-
borhood development" designs employs the service
drive. This allows the garage to displace to the rear
increasing the "friendly face" of the dwelling on the
street. It also allows the garage to be an option for
initial buyers, one that can be added in the future.
The perception of value follows the amount of
"friendly face" oriented toward the street. When
garages are rear accessed, the whole face of the
building can be used to express dwelling size. Rear
garage massing can be as expensive-looking as larger
homes with front facing garages, as shown in
Illustration A.
PUTTING THE GARAGE IN
THE REAR RESULTS IN A
MORE APPEALING FACADE
FACING THE STREET
Since lots with rear service drives are most
efficiently organized on interior blocks in larger
developments, and lots with front access streets
more efficiently address boundary and rear view
oriented locations, we now have a basic pattern that
Narrow lots where
the garage is concealed
generate the same
perceived value as
wider lots with garages
dominating the street
front.
~
ll{l1~ying lot types with
rear elltry and front
entl)' arrangements
pe17Jlit smaller lots to
coexist with wider lots
while llot reducillg the
perceived value as seell
from the public way.
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(d:i I
EcJI
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f.:' 6'i'
, ....
d.> .-. ,.c ,_"'
mvSlLe<tA/G ?lie fflENPLy' FACE/;
Illustration A
as seen from the public way. Somc customers
prefer the service drive lots to the front access
lots for personal reasons unrelated to price. This
blend of taste and opinion helps to mask the
allocation of affordable occupancies within the
neighborhood.
permits land and infrastructure adjustments within
a community without producing disturbing results.
Varying lot types with rear entry and front entry
arrangements permit smaller lots to coexist with
wider lots while not reducing the perceived value
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..
ROOF
. wood. IJphah, ftbergllW
HORIZONTAL SIDING
. ....oed, vinyl, alwninwu, ctmCOlilious plAnk
BIlAM AND RAFTER ENDS
. wood.a1umlmw, ~
RAILINGS
. wood, aluminum
he,vy lapcfed <OIWMS
hea,)' nwolU)' column bu.
BUNGALOW
Illustration B
TND design also positions the garage and utility to
the blind side of the street face. These amenities may
be less essential to the low-income family than the
extra bedroom or enlarged living area. In such
patterns the selective elimination of the garage
in i tially does not alter the street face or the resulting
neighborhood values. The garage is easily added later
when the home fulfills its completed design intent.
Also, land costs can be reduced by making lots less
deep. The width of a site is often proportionate to
the home value that occupies it, so noticeably narrow
lots will single out the affordable housing from the
others in a neighborhood. Lot depth, however, is
not as apparent. If lot depths can be varied, the
smaller lots can have a measurable impact on
development cost in areas with high land prices.
If lot depths call be
varied, the smaller lots
call have a measurable
impact 011 developmellt
cost in areas with high
land prices.
~
,lPTTff ~/T #IlH7at:
I ~ aTT JBeD'JI1!iY,
!~l~! ~~
""""-~
'9 11~
Illustration C
The classic neighborhood
often saw garage
apartments, /",lf2)in homes
(duplexes), and
even estate-imaged
multifami~v housing as
products intermanied
with single-fmnily
product.
~
2. FOLLOW
TRADITIONAL
STYLES
TNO neighborhoods also invite traditional design
executions. Exterior stylings reflective of classic
and historic themes bring an added cost benefit.
Historic building typcs are generally simpler
designs that optimized enclosure with construc-
tion-efficient boxes. Their popularity permits this
simplicity to exist without value erosion. The
result is that simple historic building patterns can
coexist with more animated contemporary building
types without making simplicity the result of cost
control but of accepted design preference.
Illustration B shows how the design of the classic
bungalow is centered around simple massing.
With traditional design themes, busy massing and
expensive detailing can be avoided without
appearing cheap.
TRADITIONAL DESIGN
THEMES OFTEN ARE LESS
EXPENSIVE
TO EXECUTE THAN
CONTEMPORARY ONES
3. VARY
BUILDING
TYPES
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In our older neighborhoods, development often
emerged without the controls of zoning or land use
constraint. The classic neighborhood often saw
garage apartments, twin homes (duplexes), and
even estate-imaged multifamily housing as
products intermarried with single-family product.
These building types remain available choices for
designers and planners alike:
. Tandem homes
. Twin homes (in-line duplex)
. The garage apartment
. Mother-in-law suites/carriage house
. Spli t lot
· Corner duplex
. The big home apartment block
Erecting multiple homes on a single lot can work in
both interior and corner locations. Interior lots aenerallv
b ,
are best employed for tandem dwelling configurations,
both attached and detached. Corner lot executions can
take the more expensive lot conditions and increase
their dwelling utility by using a variety of building
types, thus lowering the individual lot allocation per
dwelling without violating the neighborhood value
system, as shown in Illustration C.
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ART IN ARCHITECTURE
Florida can boast a design initiative
that is serving as a national model:
Art in Architecture. Created by
Realtor@ Steve Chitwood, the program
involves a cooperative community service
effort between architects, builders, and
Realtors@ to produce well designed single
family affordable homes. The homes pictured
here are from the first phase of the Art in
Architecture program in the Holden Heights
area of Orlando. I n a second phase to the
Art in Architecture program, the City of
Orlando will follow the lead of its neighbor,
the City of Winter Park, to provide vacant
lots acquired through foreclosure or
negotiation of tax and code liens to a be
held in a community land trust. The City
of Winter Park facilitated the development
of Hannibal Square Community Land Trust,
the first community land trust in Central
Florida. The community land trust vehicle
will ensue that these well designed homes
remain permanently affordable. Visit the
Orlando Regional Realtors Association
\Vebsite www.orlrcalfo/:colI/ to get more
information on Art in Architecture.
AFFORDABLE
HOUSING
DESIGN
ADVISOR
The seminal online resource for
affordable housing design is the
Affordable Housing Design Advisor.
You will find a gallery of photos from around the
country illustrating good design with a step-by-step
tutorial for developing and delivering affordable
housing that will be embraced by affordable
housing residents and the community at large,
www.designadvisor.org.
Deane Evans, FAIA, manages the Affordable
Housing Design Advisor. He is the Executive
Director of the New Jersey Institute of
Technology, Center for Architecture and Building
Science Research, and has provided training
on design for Florida's nonprofits and local
governments through the Florida Housing
Coalition's workshops.
The Affordable Housing Design Advisor is the
repository for the Campaign for Excellence in
Affordable Housing Design, a national initiative to:
. Increase the availability of affordable housing;
. Decrease resistance to affordable housing;
. Increase neighborhood stability; and
. Improve the quality of life for residents of
affordable housing.
.
CHAPTER SEVEN
WHAT
When a governmental entity is pressured by opponents of affordable housing to make a
land use decision which treats one person or group of persons differently from another
person or group without a legitimate rationale, the issue of prohibited discrimination is
flagged. A decision is actionable whether it is an act of intentional discrimination against a
protected class or whether it is an act taken without an intent to discriminate, but which has
a disproportional impact on a protected class.
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IS
THE
CONNECTION
BETWEEN AFFORDABLE HOUSING
AND FAIR HOUSING?
It is not uncommon for
settlements and verdicts
to run as high as several
hundred thousand
dollars.
~
Both the Federal Fair Housing Act, 42 U.S.C.
~~360 1-3631, and the Florida Fair Housing Act,
Chapter 760, Part II, ~~760.20-760.37, Florida
Statutes, prohibit discrimination in housing based
on race, color, national origin, religion, sex, handicap,
and familial status. These are the "protected classes."
Each provides for sanctions, including damages,
penalties, injunctive relief, and attorneys fees,
which can be imposed for violation of fair housing
law by governmental bodies, organizations, and
individuals for fair housing violations. A person
injured by the violation may seek administrative or
judicial review. Administrative complaints filed
with HUD raising land use issues are handled by
the Federal Department of Justice, a formidable
adversary. Litigation of a fair housing claim in a
losing cause can be very expensive: it is not uncommon
for settlements and verdicts to run as high as several
hundred thousand dollars.
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I-
l'
:\\1'
~" l
I
I I
Effective July 2000, the Florida Fair Housing
Act was amended to create section 760.26,
Florida Statutes, as follows:
It is unlawful to discriminate in land use decisions
or in the permitting of development based on
race, color, national origin, sex, disability,
familial status, religion, or, except as otherwise
provided by law, the source of financing of a
development or proposed development. *
'"That portion of the statute which states "it is unlawful
to discriminate in land use decisions... except as otherwise
provided by law" recognizes that there are some laws that
discriminate ill favor of affordable housing, such as the
requirement that all development permits be expedited
for affordable housing. The language "except as other-
wise provided by law," makes clear that this type of
"discrimination" in expediting permits is lawful.
The genesis for the "source of financing" amendment
to the Florida Fair Housing Act was the experience
of affordable housing advocates in securing
appropriate zoning for Pueblo Bonito, a proposed
farm worker housing development intended to
draw residents primarily if not exclusively from the
Hispanic population. In this instance, the power of
the Florida and the Federal fair housing laws
protecting against discriminatory acts based on
race, national origin, and color was more than
sufficient to force a rethinking of the denial and
the resultant reversal allowing the change in zoning
and the project to proceed.
But in many instances it is not possible to know for
certain whether the prospective residents of the
affordable development will be members of the
protected classes. Prior to the enactment of
Section 760.26 in 2000, fair housing laws may not
/f the only reason the
land use or permitting
request is denied is
because the housing is
affordable, the decision
will be in violation of
Section 760.26,
Florida Statutes.
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If the Oll~V reason the
land use or permitting
request is denied is
because the housing is
subsidized, the decision
will be in violation of
the Florida Fair
Housing Act.
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:1
(ll/Jo'De), A !iistorir property ill ,lliallli Hearh /:lIo~m as Riz:eria ~'as l'I'storu! /Jy Bostoll Capita/ Properties as all (Zllorda/;!e
hOllsi IIg deudoPllltllt pro'Didillg aparfllltllfs for /Oill'-alld Z)o:v /oill,-iIlW/Ile residtllts I/sillg histori,' tax rredits, I'll FC 11 ol/sillg Credits,
alld SAIL. (A/Joz'e !.t/t) , A pallllership /Je!ill'eell Operatioll Hope, a lIoJJprofit ('{)fj!oratioll, the City ofJad.'sollvi//e, alld Ballt of
A/Ilerim, tOllstrtltted this for S(l/" hOllll' for a /oill,-ill{'O/llf' .trlllli/v to fit aesthe!im//v ill,ithill th" Sprillgfield If istorit Distrid ill
.I(1d:sol/'ui//" I/sillg S1I II' (iliff HOJI E fl/llds.
have protected the prospective low-income residents of the
development if the developer could not show that members of a
protected class would be living in the development. With this
statutory change all affordable housing is now covered by the Florida
Fair Housing Act. Action taken on the basis of the financing of the
devclopment is in violation of the Florida Fair Housing Act. If the
only reason the land use or permitting request is denied is because
the housing is subsidized, the decision will be in violation of the
Florida Fair Housing Act. Low-income persons have effectively
become a protected class for purposes of land use decisions which
impact affordable housing.
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WHEN NIMBY PRESSURE OVERTAKES SOUND
LAND USE DECISIONS
PUEBLO BONITO - A CASE STUDY
plan detailed the need for farm worker housing,
and the rezoning was consistent with the future
land use map.
Afaith-based nonprofit sought a rezoning in
Bonita Springs, Lee County, for a 26 acre site
that it had under contract for the purpose of
developing farm worker housing. The site was
zoned to allow mobile homes; the nonprofit,
Partnership In Housing Inc., wanted to build
duplexes. The local government comprehensive
Partnership In Housing held a number of
community meetings to discuss its development
plans with the residents of the neighboring
Pueblo BOllito is a
thriving commlmity.
jVeighbors who at olle
time vigorously
opposed the developmellt
1l0W have all elltirely
Ilew attitude.
Neighbors have
volullteered their time
alld mOlley to create a
wOllderful playgroulld
for the children of
Pueblo BOllito.
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Before the matter was
heard by the COllllty
commission, the
planning department
had been deluged with
letters from Bonita
Springs residents
decrying the horrors
which they associated
mobile home park and anyone else in the area who might
be interested. The meetings brought together a vocal
group of opponents. Before the matter was heard by the
county commission, the planning department had been
deluged with letters from Bonita Springs residents decrying
the horrors which they associated with the type of people
who would be living in the development. Substantial
pressure was brought to bear on the county commission by
the opposition; protests were held with signs promising to
oust in the next election those commissioners who would
permit the development to go forward. The county
commission gave way under the NIMBY pressure and
denied the rezoning request.
with the type of people
who would be living in
the development.
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BERT HARRIS ACT
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Chapter 70, Florida Statutes, "Relief
From Burdens On Real Property Rights,"
includes in Section 70.001 the "Bert J.
Harris, Jr., Private Property Rights
Protection Act" which creates a separate
and distinct cause of action from the law
of takings to provide for relief, or payment
of compensation, when a new law, rule,
regulation, or ordinance unfairly affects
real property. Section 70.51, known as
the "Florida Land Use and
Environmental Dispute Resolution Act"
provides for a special master process
when an owner of real property believes
that a development order is unreasonable
or unfairly burdens the use of the
owner's real property. "Development
order" is defined as any order, or notice
of proposed action which is or will have
the effect of granting, denying, or
granting with conditions an application
for a development permit, and includes
the rezoning of a specific parcel.
"Development permit" is defined as any
building permit, zoning permit, subdivision
approval, certification, special exception,
variance, or any other similar action of
local government...:'
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Through its land use attorney, Partnership In
Housing filed a petition for relief under the Bert J.
Harris, Jr., Private Property Rights Protection Act,
S 70.001, Florida Statutes, explaining that the
denial of the rezoning request was unreasonable
and unfairly burdened the use of the property. At
the same time, Florida Legal Services, Inc. filed a
housing discrimination administrative complaint
with the federal government on behalf of the farm-
workers. While the special master process was
underway in the property rights case, the
Department of Justice began laying the ground
work for judicial intervention through a fair hous-
ing law suit by investigatory fact finding; of partic-
ular focus in the document review was the three
inch stack of NIMBY letters and on site interviews
with the Lee County government staff and officials.
The special master report came in with findings that
the denial of the rezoning req uest was unreasonable
and did unfairly burden the use of the property at
issue. The Lee County Commission then wisely
settled with Partnership In Housing permitting the
development to proceed. In consideration of the
settlement, the Department of Justice closed its fair
housing file thereby alleviating the very real danger
to the county that it would be on the losing end of a
judgment for substantial damages, penalties, and
attorneys fees.
Ar/elilla Carr/mas, 75, (I
Millr/'w;ir/om' llli'ii!) ill a
'ii!,heel chail; gioes thalll:s tli
God for her "pala({' ,. ill
Pueblo BOllito.
Pueblo Bonito flOW built
and occupied has bem a
tremmdous success.
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CHAPTER EIGHT
l~t~1
Before denying a land use or permitting request, government planners and elected officials
should consider the following questions: 1. Is this action consistent with the adopted
local comprehensive plan? 2. Will this action be prohibited under the Federal or Florida Fair
Housing Acts? 3. Will this action be unreasonable or will it unfairly burden the use of the
property? 4. Is this action supported by substantial, competent evidence made in accordance
with the landowner's due process rights to a fair hearing? 5. Is this action in compliance with
the requirements of the State Housing Initiatives Partnership (SHIP) program?
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HOW
CAN
LOCAL GOVERNMENT
AVOID
Plan amendments, land
development regulations,
and development orders
that are exclusionary are
likely to run afoul of the
the comprehensive plan.
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LEGAL LIABILITY FROM
NIMBYISM?
1. IS TH IS LAND USE OR
PERMITTING DECISION CONSISTENT
WITH TH E ADOPTED LOCAL
COMPREHENSIVE PLAN?
the provision of adequate sites for housing, including
housing for very low-income families, group homes,
and foster care facilities.
The Local Government Comprehensive Planning
and Land Development Regulation Act, ~~163.3161-
163.3217, Florida Statutes, requires local governments
to provide for the housing needs of all current and
anticipated populations, including special needs
populations, such as farmworkers and the disabled.
The requirements of the housing element include
HOW COULD NIMBYISM EFFECT
COMPREHENSIVE PLANNING
DECISIONS?
Plan amendments, land development regulations,
and development orders that are exclusionary are
most likely inconsistent with the adopted local
comprehensive plan. An example of exclusionary
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practices is the adoption of an ordinance
that sets a mInIn1llm residential
square footage, making affordable
homes economically infeasible. Such
an ordinance is likely to be inconsistent
with the adopted comprehensive plan,
and would be grist for consideration as
a fair housing violation.
2. IS THIS LAND USE OR
PERMITTING DECISION
PROHIBITED UNDER THE
FEDERAL OR FLORIDA FAIR
HOUSING ACTS?
Both the Federal Fair Housing Act, 42
U.S.C. ~~3601-3631, and the Florida
Fair Housing Act, Chapter 760, Part
II, ~~760.20-760.37, Florida Statutes,
prohibit discrimination in housing
based on race, color, national origin,
religion, sex, handicap, and familial
status. The Florida law was recently
amended to protect source of
financing" from discriminatory land
use or permitting decisions. Each Act
provides for sanctions, including
damages, penalties, injunctive relief,
and attorneys fees, which can be
imposed for violation of fair housing
law by government action. A decision
is actionable whether it is an act of
intentional discrimination against a
protected class or whether it is an act
taken without intent to discriminate
but which has a disproportional
impact on a protected class.
Both the Federal alld
Florida Fair Housillg
Acts prohibit
discrimillatioll ill
housillg based Oil race,
color, llatiollalorigill,
religioll, sex, halldicap,
alld familial status.
The Florida Fair
H ousillg Act also
prohibits discrimillatioll
based 011 the fillancillg
of the developmellt or
proposed developmellt.
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If the decisioll would
have beell different had
the df'"uelopmellt beell
market rate, rather thall
affordable, the decisioll
rlms afoul of the
Florida F air Housing
Act, Sectioll 760.26,
Florida Statutes.
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HOW COULD FAIR HOUSING LAW
BE IMPLICATED IN LAND USE OR
PERM ITTI NG DECISIONS?
The unsubstantiated testimony from opponents of
affordable housing coupled with the inability of the
government to demonstrate a valid land use rationale
for the land use or permitting decision is strong
evidence that the challenged decision was made for
reasons of prejudice and fear, rather than for the
health, safety, and welfare of the community.
If the decision would have been different had the
development been market rate, rather than affordable,
the decision runs afoul of the prohibition on
discrimination against developments based on the
financing found in Section 760.26, Florida
Statutes, of the Florida Fair Housing Act.
3. IS THIS LAND USE OR PERMITTING
DECISION UNREASONABLE OR DOES
IT UNFAIRLY BURDEN THE USE OF
TH E PROPERTY?
The Bert J. Harris, Jr., Private Property Rights
Protection Act, S70.001, Florida Statutes, provides
a cause of action to all landowners and buyers
under a purchase and sale contract for relief from
government action that inordinately burdens the
use of real property. This is a much easier standard
for the landowner or buyer to meet than that found
in traditional takings law.
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HOW COULD THE BERT HARRIS
PROPERTY RIGHTS ACT APPLY IN
THE NIMBY SITUATION?
A typical example is a rezoning request that is
consistent with the comprehensive plan, but is
opposed by the adjoining landowners. Denial of
the rezoning request may result in the inability to
build the affordable housing development or the
inability to build at the density desired. Denying
the rezoning request may be found to be unreasonable
or to have unfairly burdened the use of the real
property. A refusal to rezone must pass the Section
70.001, Florida Statutes, standard: does it create an
inordinate, unfair, or undue burden on the use of
the property?
4. IS THIS LAND USE OR PERMITTING
DECISION SUPPORTED BY SUBSTANTIAL,
COMPETENT EVIDENCE MADE IN
ACCORDANCE WITH THE LANDOWNER'S
DUE PROCESS RIGHTS TO A FAIR
HEARl NG?
The Florida Supreme Court in Board of County
Commissioners of Brevard County v. Snyder, 627
So. 2d 469 (Fla. 1993) held that local land use
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decisions affecting a small area of the community,
such as rezoning, are quasi-judicial in nature.
Therefore, these decisions must be supported by
substantial, competent evidence rather than the
deferential "fairly debatable rule." Snvder made
clear that the landowner has constitutional due
process rights to a fair hearing. Among the elements
of that fair hearing is the prohibition of ex parte
communication with the decision-makers. !ennings
v. Dade County, 589 So. 2d 75 (Fla. 1992).
HOW COULD SNYDER APPLY TO
NIMBYISM?
One response to vehement and vocal oppositIOn
might be to deny a land use or permit request
based on the magnitude of the opposition.
Without substantial, competent evidence supported
by expert witnesses introduced by the opposition
at the hearing showing that the land use or permit
request was inconsistent with the comprehensive
plan, the local government denial is subject to
reversal upon appeal as arbitrary and capricious.
5. IS THIS LAND USE OR PERMITTING
DECISION IN COMPLIANCE WITH THE
REQUIREMENTS OF THE STATE
HOUSING INITIATIVES PARTNERSHIP
ACT (SHIP) PROGRAM?
The SHIP program, in effect in all counties and
entitlement cities within Florida, requires that
permits are to be expedited for affordable housing
to a greater degree than other projects. The definition
of permits, adopted from Section 163.3164 (7),(8),
Florida Statutes, is broad, and includes all
development orders, building permits, zoning
permits, subdivision approvals, rezoning, cer-
tifications, special exceptions, variances, or
any other official action of local government
having the effect of permitting the development
of land.
HOW COULD SHIP RULES APPLY TO
NIMBYISM?
One response to large neighborhood turnout in
opposition to a request from an affordable housing
developer, might be to postpone or delay the land
use/permitting decision. This would undermine the
SHIP rule for expedition of affordable housing permits.
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Lewd lIse decisions
affecting tl specific
developmetlt mllst be
supported by substantial,
competent evidetlce.
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MEDIAN INCOMES FOR FLORIDA, 2005
APPENDIX 1
Daytona Beach MSA
(FlaglerfVolusia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$48,650
Fort Lauderdale P~'ISA
(Broward) ................................. .$58,100
Fort 1\lyers-Cape Coral ~ISA
(Lee) ..................................... .$54,100
Fort Pierce-Port Lucie ~ISA
(~Iartin/Saint Lucie) . . . . . . . . . . . . . . . . . . . . . . . . . .$52,450
Fort Walton Beach 1\ISA
(Okaloosa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$55,150
Gainesville 1\,ISA
(Alachua) ................................. .$53,550
Jacksonville !'vISA
(Clay/Duval/Nassau/Sr. Johns) . . . . . . . . . . . . . . . . . .$57,850
Lakeland-Winter I-Iaven 1\ISA
(Polk) .................................... .$47,600
ivlelbourne-Titusville-Palm Bay 1\ISA
(Brevard) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$54,900
1\liami P1\ISA
(Dade) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$46,350
Naples MSA
(Collier) .................................. .$63,300
Ocala 1\ISA
(!'vlarion) .................................. .$43,100
Orlando MSA
(Lake/Orange/Osceola/Seminole) . . . . . . . . . . . . . . . .$55,100
Panama City l'vISA
(Bay) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$49,300
Pensacola 1\ISA
(Escambia/Santa Rosa) . . . . . . . . . . . . . . . . . . . . . . . .$50,700
Punta Gorda MSA
(Charlotte) ................................ .$49,150
Sarasota-Braden ton 1\,ISA
(1\lanatee/Sarasota) . . . . . . . . . . . . . . . . . . . . . . . . . . .$55,900
Tallahassee ivlSA
(Gadsden/Leon) ............................ .$57,700
'EUllpa-Sr. Petersburg-Clearwater i'vlSA
(Hernando/Hillsborough/Pasco/Pinellas) ......... .$52,150
West Palm Beach-Boca Raton l\ISA
(Palm Beach) .............................. .$62,100
Baker County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$51,400
Bradford County .............................. .$45,300
Calhoun County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,000
Citrus County ................................ .$42,050
Columbia County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$41,250
DeSoto County ............................... .$39,950
Dixie County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,900
Franklin County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$35,850
Gilchrist County .............................. .$39,800
Glades County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$41,000
Gulf County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$41,700
Hamilton County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$34,950
Hardee County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,600
Hendry County ............................... .$40,100
Highlands County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$46,100
Holmes County ............................... .$40,900
Indian River County ........................... .$53,250
Jackson County............. .................. .$41,900
Jefferson County .............................. .$46,600
Lafayette County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$40,300
Levy County ................................. .$35,200
Liberty County ............................... .$40,900
Madison County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$37,000
1\,lonroe County ............................... .$58,450
Okeechobee County ........................... .$41,900
Putnam County ............................... .$41,000
Sumter County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$43,800
Suwannee County........ ..................... .$39,150
'Elylor County ................................ .$40,150
Union County ................................ .$42,700
Wakulla County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$51,300
Walton County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$44,000
Washington County ............................ .$38,400
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APPENDIX 2
FINANCIAL RESOURCES FOR AFFORDABLE HOUSING
Affordable housillg programs, especia/~)' those admillistered by the Florida Housillg Fillallce Corporatioll, tel/d to be dYllamic. This appel/dix was
prepared ill }(IIIl{{IIJ' 2005. Please ched the FH FC IVebsite for updates to programs alld cOlltacts: www.f1oridahollsing.org.
COi\Ii\IUNITY CONTRIBUTION TAX CREDIT - cerc ..................................................................................... .54
COi\Ii\IUNITY DEVELOPl\IENT BLOCK GRANT - CDBG
Small Cities and Rural Arcas .............................................................................................................. .55
FEDERAL HOl\IE LOAN BANK OF ATLANTA - AFFORDABLE HOUSING PROGRAi\1 - AHP .. . .. . . . .. . .. .. . . . . . . .. .. . .. .. . . . .. . ... . .. . .. .. . . . . . . .56
FEDERAL HOl\IE LOAN BANK OF ATLANTA - COi\Ii\IU1\.'ITY INVESTl\IENT PROGRAi\1 - CIP .................................................. .57
FEDERAL HOl\IE LOAN BANK OF ATLANTA -PREDEVELOPl\IENT FUND.................................................................. .58
FLORIDA COl\Il\IUNITY LOAN FUND. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59
GUARANTEE PROGRAi\1 ............................................................................................................... .60
HOi\IE INVESTl\IENT PARTNERSHIPS PROGRAi\1 - HOi\IE
HOi\IE OWNERSHIP for STATE AND NON-PARTICIPATING JURISDICTIONS. . . . . . . . . . . . . ... . . . . . .. . . . . . . . .. .. . . . . . . .. . .. . .. . .. . . .. . . . . . . . . . . .61
HOi\IE INVESTi\IENT PARTNERSHIPS PROGRAi\1 - HOl\IE
RENTAL for STATE AND NON-PARTICIPATING JURISDICTIONS ........................................................................... .62
I-IO~IE-OWNERSHIP ASSISTANCE PROGRAl\1 - HAP - Construction. ... .. . . .. .. . . . . .. .. ... .. . .. . .. . . . .. . .. . . . . . .. ... .. . .. . .. . ... . .. . . . . . . . . .. . .63
HOl\IE-OWNERSHIP ASSISTANCE PROGRAl\1 - HAP
DOWN PAYl\IENT ASSISTANCE/PERl\IANENT LOAN ...................................................................................... .64
HOi\IELESS HOUSING ASSISTANCE GRANT - I-II-lAG. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65
HOUSING CREDITS - HC . .. . .... . . .. . .. ... ... . .. .. . .. . ... . . . . . .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . .. .. . . .. . . .. .. . . . .. . .. . . .. . . . . .. .. . . . . . .. .66
HOUSING OPPORTUNITIES FOR PEOPLE WITI-I AIDS - HOPWA . .... .. .. .. .. .. .. .. .. .. . .. . .. .. ... .. . .. .. .. . . . . .. .. . .. ... ... ... . .. . .. . .. .. . . .67
LOW-INCOl\IE El\IERGENCY 1I0l\IE REPAIR PROGRAl\I- LEHRP ........................................................................... .68
LOW-INCOi\IE HOi\IE ENERGY ASSISTANCE PROGRA~I - LHEAP .... .. .. .. .. .. .. .. .. .. ... . .. .. . . . .. . .. .. .. . .. .. . . . .. . .. . .. . ... ... .. .. .. . .. . .6<)
l\IORTGAGE REVENUE BOND PROGRAi\I. RENTAL -l\IRB ................................................................................. .70
PRE-DEVELOP~IE1\.'T LOAN PROGRAi\1 - I'Ll' ............................................................................................ .71
SECTION 8 SINGLE ROOi\1 OCCUPANCY i\IODERATE REHABILITATION - SRO ...............................................................72
SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY ................................................................................ .7.,
SECTION 811 SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES. . . . . . . . . . . . . . . . . . . . . .. . . . . . .. . . . . .. . . .. . .. .. . ... ... .. . . . . . . . . . . . . .74
SINGLE-FAl\IILY ~IORTGAGE REVENUE BOND pROGRAi\1 - SHIRB ........................................................................ .75
STATE ApARTi\IENT INCENTIVE LOAN pROGRAi\1 - SAIL ................................................................................ .76
STATE HOUSI1\.'G INITIATIVES pART1\.'ERSHIp - SHIP pROGRAi\1 ............................................................................77
SUPPORTIVE HOUSING - Sill' .......................................................................................................... .78
U.S. DEpT OF AGRICUI.:rURE. RURAL HOUSING SERVICES - USDA!RHS . . . .. .. . . . . .. . . ... .. . . . .. . . . . . . . .. . . . . . . .. .. .. . . . . . . . . . . .. .. . . .. . .. . .79
-@t
Eligible Applicants/Application Process: The project must be
undertaken by an eligible sponsor which may be: A community
action program, community development corporation, neighborhood
housing services corporation, loeal housing authority, community
redevelopment agency, historic prcservation district agency or
organization, private industry council, direct-support organization,
enterprise zone development agency, units of local government or
such other agency as the Office of Tourism, Trade, and Economic
Development (OTTED) may, from time to time, designate by
rule. Eligible sponsors may submit an application at any time
by contacting the OTTE D.
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COMMUNITY CONTRIBUTION TAX CREDIT (CCTC)
AT A GLANCE:
SOllrce: Applirrll1ts: Finana i)'pe:
STATE OF FLORIDA ANNUAL NONPROFITS AND OTHER STATE TAX CREDITS EXCHANGED
ApPROPRIATION COMMUNITY ENTITIES FOR GIFT/DoNATION
Enar:ted: G:vcle: H ollsing i}pe:
1995 OPEN - NON-COMPETITIVE RENTAL, HOMEOWNERSHIP
Reglllation: Administrator: PrimtllJ' Uses:
SECTION 220.183, FLORIDA FL. OFFICE OF TOURISM, TRADE & ACQUISITION, CONSTRUCTION,
STATUTES ECONOMIC DEVELOPMENT REHABILITATION
The Community Contriblltion 'Elx Credit Program (CCTCP)
provides $10 million each year as an incentive (50 percent
tax credit) to encourage Florida corporations to make donations
toward community development and low-income housing projects.
The tax credit is easy for a business to receive. Corporations
doing business anywhere in Florida that make donations to
approved community development projects may receive a tax
credit equal to 50 percent of the value of the donation. Businesses
may take the credit on Florida corporate income tax, franchise tax,
or insurance premium tax.
Businesses may donate up to $400,000 per tax year and take up to
$200,000 in tax credit per year. Unused credits may be carried
over for up to 5 years. Donations may be made in the form of cash,
real estate, and equipment and/or supplies.
Eligible Activities/Beneficiaries: Approved sponsors of a project
may construct, improve, or substantially rehabilitate housing,
commercial, industrial, or public facilities, or promote entrepre-
neurial or job development opportunities for low-income (SO
percent or less of ami) persons.
~
Program Contact: Burt Von Hoff, Executive Office of the
Governor, Office of Tourism, Trade, and Economic Development,
The Capitol, Suite 2001, 'l~lllahassee, FL 32399-0001
Phone: (850) 487-2568 Fax: (850) 487-3014
Email: vOllhofb@eog.state.fl.lls
We bs i te:http://www.lllyj7orida.colII /lIIyf/o rida /gove rl/llle 1/ t/gove r-
I/O ri II it i at i ves/ott I'd / pdf~/COIIIIIIIlII i ty _t a x .Pl(f'
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COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SMALL CITIES AND RURAL AREAS
AT A GLANCE:
So II rce: TITLE I OF THE HOUSING Applicants: Finallce i)'pe:
AND COMMUNITY DEVELOPMENT CITIES & COUNTIES NOT IN LOANS AND GRANTS
ACT OF 1974 - U.S. HUD CDBG ENTITLEMENT PROGRAM
E II acted: Cyrle: H ollsillg i)'pe:
1981 ANNUAL COMPETITIVE HOMEOWNERS HIP, RENTAL
Reglllatioll: Adm ill istrator: P ri m a I)' Uses:
SECTION 290, FS RULE CHAPTERS DEPARTMENT OF COMMUNITY REHABILITATION, INFRASTRUCTURE
9B-43, FAC AND FEDERAL RULE AFFAIRS
24 CFR PART 570
The Florida Small Cities
Community Development
Block Grant (CDBG) Program
provides grants to non-entitlement
cities with populations less than
50,000 persons and counties with
populations less than 200,000
persons to improve local housing,
streets, utilities, and public facili-
ties. The program also supports
downtown redevelopment and
creates jobs for low and moderate
income Floridians. The program is administered under four grant
categories: (I) housing; (2) neighborhood revitalization; (3) commercial
revitalization; and, (4) economic development. Twenty percent of CDBG
funds will go toward housing activities. The Department also
administers the Small Cities 108 Loan Guarantee Program which can
be used for a wide range of CDBG eligible purposes.
Eligible Activities/Beneficiaries: Small Cities CDBG housing
funds must be used to rehabilitate or reconstruct (demolish and
replace) substandard housing for very low-income (50 percent or less
of the area median income) or low-income (5(Ull to 80 percent of the
area median income) persons or households. Activities may include:
(a) The rehabilitation of houses or publicly owned or acquired properties;
(b) Demolition of dilapidated housing and relocation of residents;
(c) Weatherization and energy-efficiency improvements;
(d) Code enforcement;
(e) Installation of wells or septic tanks where water or sewcr serv-
ice is unavailable; and
(f) ~(itigation of future natural disaster hazards.
To qualify under the Low-~(oderate National Objective, at least 51
percent of the beneficiaries must be low and moderate income
persons. The U. S. Department of (-(ousing and Urban Development
has defined a low and moderate income person as one whose total
family income is at or below 80 percent of the area's median income.
Under the Slum and Blight National Objective, the area must be a
slum or blighted area as defined by state or local law. Activities funded
under the Urgent Needs National Objective must alleviate existing
conditions which pose a serious and immediate threat to those living
in the area and are 18 months or less in origin. Additionally, the local
government must demonstrate that it is unable to finance the activity
on its own and that other funding is not available.
Application Process/Eligible Applicants: 244 local governments
are eligible to apply as long as they have closed out previous developments
under housing, neighborhood and commercial revitalization.
Application cycles are held annually and are competitive. Scoring is
based on such factors as: average cost of CDBG funds requested per
unit; percentage of very low-income persons to be served; leveraging of
funds; maintaining a Fair Housing Ordinance; establishing fair housing
training programs for the general public and local professionals; and,
performance on equal opportunity employment practices.
Program Contact: Jim Austin, PIa II II eF, Small Cities CDBG,
Florida Department of Community Affairs, 2555 Shumard Oak
Blvd., Tdlahassee, FL 32399-2100; (850) 922-1880;
email: jilll.allslill@dca.slale.II.lIs
\Ve bsi te: www.dcll.state.fI. lIs/fllcd/progra IlIs/cdbgp/i IIdex.1i till
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FEDERAL HOME LOAN BANK OF ATLANTA
AFFORDABLE HOUSING PROGRAM (AHP)
AT A GLANCE:
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Source: Applimnts: Finance J.1'pe:
SALE OF CONSOLIDATED NONPROFIT SPONSORS THROUGH BELOW MARKET LOANS & GRANTS
OBLIGATIONS FHLBANK ATLANTA MEMBER BANKS
Enacted: Cycle: Housing Type:
1989 SEMI-ANNUAL, COMPETITIVE RENTAL, HOMEOWNERS HIP
Regulation: Adm in istrotor: Primal)' Uses:
THE FINANCIAL INSTITUTIONS REFORM, FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
RECOVERY, AND ENFORCEMENT ACT OF ATLANTA REHABILITATION, ACQUISITION
1989 (FIRREA).
rehabilitation of the following: (1)
owner-occu pied housing for vcry
low-, low- and moderate-incomc
houscholds; and, (2) rcntal housing,
of which a minimum of 20 percent
of the units must be occupied by
and madc affordable for very low-
income households. Rental projects
are requircd (0 insure that 20
percent of the total units are for
very low income (50% or less of
am i) fam ilies. Owner-occu pied
properties must remain affordable
for fivc years. Rcntal propertics must rcmain affordable for 15 years.
The Affordable Housing Program (AHP) provides direct subsidies
(grants) and subsidized intercst rates for loans to FHLBank
Atlanta membcr financial institutions cngagcd in lending to local
governments and for- and nonprofit corporations for the crcation of
affordable housing. Generally, AHP funds are levcraged with othcr
sources of funds (such as FHL Bank Atlanta's Community Invcstment
Program, SHIP, HOI\IE, HC, etc.). Thc maximum AI-IP subsidy
amount available is $500,000 per project, per competitivc round.
In addition to making AHP funds available by competitivc application,
FI-ILBank Atlanta scts aside a portion of its annual AHP allocation
each year for the First-Time Homcbuyer Program (FI-IP). Intcrested
mcmbcr financial institutions, who are encouragcd to involve nonprofit
organizations, can submit an application to the Bank. Subsidies under
FHP arc limited to $5,000 in downpayment/closing cost assistance for
households at 80 pcrcent or lcss of area mcdian incomc, adjustcd for
family size. Homebuycrs must provide at least $500 of their own funds
toward the downpayment. FHP subsidics may not be leveraged with
AHP competitive funds.
Eligible Activities/Beneficiaries: AHP subsidizcdunits must servc
households earning 80% or less of thc area median income. Subsidies
undcr AHP must be used to financc thc purchase, construction, and/or
~
Eligible Applicants/Application Process: FHLBank Atlanta
holds two competitive application cyclcs annually, with application
deadlincs of i\larch 15 and September 15. Projcct sponsors must
register through the FHLBank Atlanta website in order to obtain a
uscr ID and password (requircd to access the AHP application).
Oncc thc sponsor completes an application, it must be approved
and submitted for revicw through a FHLBank Atlanta membcr
financial institution. The project is scored according to nine
criteria (such as incomc targcting, AI-IP subsidy per units,
sponsorship by a nonprofit organization or government entity, ctc.).
Applications are rankcd by score, in desccnding order, and funds
arc awardcduntil the available subsidies are cxhausted.
Program Contact: David Bennett, Communit)' Investment Services,
Federal Home Loan Bank of Atlanta, Post Office Box 105565,
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632. For addition-
al information regarding thc submission and/or preparation of AI-IP
applications, please contact the Bank's Community Invcstmcnt
Serviccs department via email atahpprogralll@fhlbatl.colll or via
tclcphone at (800) 536-9650, ext. 8385.
Website: www.fhlbatl.colll
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FEDERAL HOME LOAN BANK OF ATLANTA
COMMUNITY INVESTMENT PROGRAM (CIP)
AT A GLANCE:
Source: Applical1ts: Final1ce Type:
SALE OF CONSOLIDATED NONPROFIT SPONSORS THROUGH BELOW MARKET LOANS
OBLIGATIONS FHLB MEMBER BANKS
Enacted: Cycle: Housing Type:
1989 AVAILABLE YEAR-RoUND RENTAL, HOMEOWNERS HIP
Regula ti 011: Administrator: Primary Uses:
THE FINANCIAL INSTITUTIONS REFORM, FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
RECOVERY, AND ENFORCEMENT ACT OF ATLANTA REHABILITATION, ACQUISITION
1989 (FIRREA).
The Community Investment Program (CIP) is a targeted
housing and economic development loan program which
provides funds for community-oriented mortgage lending. CIP
funds are available as advances, or loans, to fHLBank Atlanta
members (financial institutions). Generally, a nonprofit, for-profit
or local government will approach a FI-I LBank Atlanta member to
make application on their behalf.
Eligible Applicants/Application Process: l\[ember lending
institution applies for CIP authorization by mailing or faxing a
CIP Authorization request for to the Community Investment
Services (CIS) department. The CIS department reviews the
request and will notify the member lender if the request is
approved (along with CIP authorization number if approved).
Lastly, the member faxes an Advance Application to Funding
Desk and provides authorization number.
Eligible Activities/Beneficiaries: Mortgage loans are available
for the acquisition, construction, or rehabilitation of the following:
(1) single-family, owner-occupied housing for borrowers with
incomes that do not exceed 115 percent of the area median
Income;
(2) rental housing where the rents charged will be affordable to
households with incomes under 115 percent of the area median
Income.
Program Contact: David Bennett, Comml/I/ity II/vestmel/t Sa'vires,
Federal I-Iome Loan Bank of Atlanta, Post Office Box 105565,
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632.
Website: www.flzlbatl.col/l
Loan Terms: Advances are available with fixed or adjustable
rates, terms of one month to 20 years and with interest-only or
amortizIng payments
~
FEDERAL HOME LOAN BANK OF ATLANTA
PREDEVELOPMENT FUND
AT A GLANCE:
So II ree: Applimllts: NONPROFIT SPONSORS Fil/al/ce 1)'pe:
SALE OF CONSOLIDATED THROUGH FHLBANK ATLANTA RECOVERABLE GRANTS
OBLIGATIONS MEMBER BANKS
EI/acted: Cycle: H oltsil/g 1j'pe:
2001 AVAILABLE YEAR-ROUND HOMEOWNERSHIP, RENTAL
Reglllatiol/: 11 dill ill is tra to r: Prima!]' Uses:
THE FINANCIAL INSTITUTIONS FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
REFORM, RECOVERY, AND ATLANTA REHABILITATION, ACQUISITION
ENFORCEMENT ACT OF 1989
(FIRREA)
PURPOSE
To provide funding for predevelopment expenses associated with
affordable housing and real estate-based community economic
development projects. This program is designed to encourage
FI-ILRA members to undertake creative efforts to increase their
participation in, and support of, these projects.
STRUCTURE
Funds will be provided through a recoverable grant to an
FHLBank Atlanta member financial institution. The member,
in turn, will structure the disbursement of funds to the project
sponsor as a recoverable grant. The maximum grant amount is
$100,000 per project, not to exceed 75 percent of the total eligible
predevelopment expenses. Predevelopment Fund grants may
only be used for eligible predevelopment activities, such as
architectural services, boundary surveys, appraisals, title work,
site control, environmental surveys, property carrying costs, etc.
BENEFICIARI ES
FI-lLBank Atlanta's intent is to provide assistance to the types of
projects that qualify for its Affordable Housing Program (AI-IP) or
-@r-
its Economic Development and Growth Enhancement (EDGE)
program. Families, businesses. or communities benefiting from a
proposed project must meet certain income requirements.
GRANT RECOVERY
Grant funds shall be recO\Tred from construction and/or permanent
financing. If the grant is used to acquire property, and the property
is subsequently sold, proceeds of the sale must be applied to
repayment of the grant. In the event the project does not go forward,
despite the best efforts of the project sponsor, and acquisition or
construction financing is not obtained, no recovery of the grant will
be required. However, if the project sponsor fails to comply with
reporting requirements and/or, in the determination of the Bank,
has failed to make a good faith effort to proceed with the project, the
grant shall be recoverable from the sponsoring organization.
Program Contact: David Bennett, COlIl/ll/lI/it)' II/vestmel/t Services,
Federal Home Loan Bank of Atlanta, Post Office Box 105565.
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632.
Website: www.fh/batl.coIII
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FLORIDA COMMUNITY LOAN FUND
AT A GLANCE:
Source: Applicatlts: Finance Type:
PRIVATE FUNDING COMMUNITY-BASED 501(c)(3) COMMERCIAL LOANS
NONPROFITS
Ellacted: Cycle: Housing Type: RENTAL, HOME
1994 OPEN CYCLE OWNERSHIP, SUPPORTIVE
HOUSING, MIXED-USE PROJECTS
Regulatioll: Administrator: Primal]' Uses:
NONE FLORIDA COMMUNITY LOAN FUND NEW CONSTRUCTION,
REHABILITATION, ACQUISITION
The Florida Community Loan fund (Loan Fund), a statewide
Community Development Financial Institution, provides
loan capital and technical assIstance to qualifying orgal1lzatIons
throughout Florida that have insufficient access to funding from
conventional lending sources. The Loan Fund seeks low-interest
loans and equity capital contributions from socially-concerned
institutions and individuals. Contributions are then used to make
below-market interest rate or flexibly-structured loans to eligible
non profits to support affordable housing, economic development
and social services in urban and rural, low-income communities.
Eligible Activities/Beneficiaries: Loans from $5,000 to
$1,000,000, with variable terms and interest rates are made for: (I)
affordable housing benefiting low-income families; (2) supportive
housing for low-income or at-risk and special needs clients; (3)
community facilities to deliver shelter or services to low-income
families and neighborhoods; and (4) economic dcvelopment
projects that arc targeted to low-income neighborhoods.
Eligible Applicants/Application Process: Nonprofit 501(c)(3)
organizations, that have a strong community base and serve low-
lI1come clients, families and communitIes within the state of
Florida may download an application from the Loan Fund's Web
site, or receive one by mail, fax or email. If determined to meet
the mission and purpose qualifications of the Loan Fund, the non-
profit will be underwritten using criteria geared for the nonprofit
sector. Loan decisions are rendered monthly by the Loan Fund's
Lending Committee and Board of Directors.
The Loan Fund provides flexibility in its loan products through
early commitments to projects, loan structures designed to meet
the needs of nonprofits, the assumption of higher risk than
conventional lenders, and through participation with a wide variety
of funding sources. Examples of the kinds of organizations and projects
that the Loan Fund has funded can be found at its Website.
Program Contact: Ignacio Esteban, Executive Director, Florida
Community Loan Fund, 3107 Edgewater Dr., Suite 2, Orlando FL
32804; (407) 246-0846; Fax: (407) 246-0856; Email: iguacio@fclf.org.
Website: www.fclj:org
~
AFFORDABLE HOUSING GUARANTEE PROGRAM
AT A GLANCE:
Source: Applicallts: FiJ/allce l}pe:
SADOWSKI ACT FUNDS FOR-PROFIT, NONPROFIT, PUBLIC "A" RATED LOAN & BOND
BOND ISSUE AGENCIES GUARANTEES
EJ/acted: Cycle: Housing Type:
1992 YEAR ROUND HOMEOWNERS HIP, RENTAL
Regulation: Administrator: Primary Uses:
SECTION 420.5092, FS FLORIDA HOUSING FINANCE CORP. GUARANTEES FOR PURCHASE,
RULE CHAPTER 67-39, FAC THROUGH QUALIFIED LENDING CONSTRUCTION, REHABILITATION,
INSTITUTIONS FINANCING AND REFINANCING
The Florida Affordable Housing Guarantee Program ("Guarantee
Program") was created by the Florida Legislature as pan of
the William E. Sadowski Affordable Housing Act of 1992 for the
purposes of:
· Stimulating creative private-sector lending activities to
increase the supply and lower the cost of financing or
refinancing eligible housing;
· Creating security mechanisms to allow lenders to sell afford-
able housing loans in the secondary market; and
. Encouraging affordable housing lending activities that would
not have taken place or that serve persons who would not have
been served but for the creation of this program.
The Guarantee Program encourages affordable housing lending
activities through the issuance of guarantees on the obligations
incurred in obtaining single and multifamily mortgage revenue
bond financing for affordable housing. The Guarantee Program
does not provide direct funding of developments; it facilitates
direct funding by reducing the lenders' and bondholders' risk
through the issuance of a guarantee.
Eligible Activities/Beneficiaries: Eligible obligations for
guarantees include those made to finance the construction,
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rehabilitation, acquIsition or refi-
nancing of single and multifamily
developments.
Set aside Requirements:
Each development must set aside
a minimum of 20 percent of its
units for moderate income (120
percent or less of area median)
households unless subject to
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more strtngen t restrtctlons.
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Eligible Applicants/Application
Process: Developers (non- and for-profits) can access the Guarantee
Program through a Qualified Lending Institution (QLl) that meets
certain criteria established in Rule Chapter 67-39, F.A.C. and is
approved by the Guarantee Program Committee. Applications are
accepted year round and commitments arc issued on a non-compet-
itive basis with emphasis placed on satisfying unmet demand for
affordable housing. To apply, all subsidies must be firmly committed
to a single or multifamily development and an Application for
Guarantee Program Credit Enhancement must be completed and
signed by a QLI. Upon approval of the Application, an application
fee of 10 basis points (0.1 percent) of the total mortgage amount is
required. Premiums, which vary with each loan type, coverage and
coverage period, must be calculated from an independent feasibility
study that is designed to help ensure the financial soundness of the
Program. The Program has the flexibility to charge an annual premi-
. .
um or a one tIInc prem1l1m.
Program Contact: Kcvin Pichard, AdmiJ/istrator,
Florida Affordable Housing Guarantee Program, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000,
Tdlahassee, FL 32301-1329; (850) 488-4197.
Email: kevill.pichard@floridllhollsillg.org
Website: www.j7oridllhol/sil/g.org
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HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
HOMEOWNERSHIP FOR STATE AND NON-PARTICIPATING JURISDICTIONS
AT A GLANCE:
Source: Applicants: PUBLIC ENTITIES, Finance Type: BEWW MARKET
NATIONAL AFFORDABLE HOUSING NONPROFIT (INCLUDING CHDOs) CONSTRUCTION LoANS, &/OR NON-AMoR-
ACT - U.S. HUD FOR-PROFIT, PUBLIC AGENCIES TIZING DOWN-PAYMENT AsSISTANCE LOAN
Enacted: Cycle: Housing Type:
1990 ANNUAL COMPETITIVE HOMEOWNERSHIP
Regulation: Administrator: Primary Uses:
SECTION 420.5089, FS FLORIDA HOUSING FINANCE ACQUISITION, NEW CONSTRUCTION,
RULE CHAPTERS 67-50, FAC CORPORATIONS REHABILITATION, DOWNPAYMENT
HOME FINAL RULE 24 CFR PART 92. ASSISTANCE
The federally governed and
funded HOME Investment
Partnerships (I-IOrvIE) Program
was enacted in 1990 as part of
the Cranston-Gonzalez National
Affordable Housing Act. The
I-10i'v1 E Program provides
Participating Jurisdictions (PJ),
such as the state of Florida and
some eligible CIties within
Florida, with the opportunity to
administer and distribute federal
funds to expand the supply of decent, safe, and affordable housing
in accordance with their goals and strategies outlined in their
consolidated plans. Florida Housing Finanee Corporation
(FI-IFC) administers the State's annual allocation of HOrvlE funds
as two separate programs: (I) a multifamily rental development
loan program; and, (2) a second mortgage loan program (a) single-
family developments and (b) for first-time home buyers in
conjunction with FHFC's Single-Family I\lortgage Revenue Bond
(SFrvIRB) Program.
Eligible Activities/Beneficiaries: HOI\I E I-Iomeownership:
Acquisition (in conjunction with new construction or rehabilitation),
new construction, reconstruction, and moderate or substantial
rehabilitation of non-luxury housing with suitable amenities.
HOI\H~ provides construction loans that are secured by second
mortgages on the property. HOrvlE funds must be used to assist
low income (80 percent or less of area median) persons or households.
State and participating jurisdictions' eligible activities may vary
and are not required to allow all eligible activities as provided
by HUD.
Set aside Requirements: All HOME assisted units must be occu-
pied by families with incomes of 80 percent or less of median area
income adjusted for family size.
Loan Terms: Construction loans have a term of three years. The
loans are non-amortized and have a simple interest rate of zero
percent for nonprofit and 3 percent for for-profit applicants with
interest payments due annually. Permanent Loans to eligible home
buyers have a non amortizing, zero pereent interest rate with prineipal
deferment until maturity. rvlaximum loan amount is the lesser of 25
pereent of the purchase price or the amount necessary to enable an
eligible buyer to purchase a home based on monthly mortgage
payment. I\laximum purchase price cannot exceed 95 percent of
area median purchase price.
Eligible Applicants/Application Process: For the State HOrvlE
program, nonprofit and for-profit corporations, Community Housing
Development Organizations (CHDOs), local governments, Regional
Planning Councils, and, in some instances, Public I-lousing
Authorities are eligible to apply. Upon receipt, FHFC staff review,
score and rank applications according to items such as funding,
ability to proceed, leveraging and experience of development team.
Program Contacts: Elizabeth Loggins, Administrator, Florida
I-lousing Finance Corporation, 227 North Bronough Street, Suite
5000, l~lllahassee, FL 32301-1329, (850) 488-4197.
Email: el izabeth.joggi Ils@floridllhousing.org
Website: www.floridallOusillg.org
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HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME)
RENTAL FOR STATE AND NON-PARTICIPATING JURISDICTIONS
AT A GLANCE:
SOllrce: Applicallts: Fillallce 7)'pe:
NATIONAL AFFORDABLE HOUSING NONPROFIT (INCLUDING CHDOs) BELOW MARKET MORTGAGE LOANS
ACT - U.S. HUD FOR-PROFIT, PUBLIC AGENCIES
E llarted: Cycle: H ollsillg 7)'pe:
1990 ANNUAL COMPETITIVE RENTAL
Reglllatioll: Adm i 11 is tra to r: Primal)' Uses:
SECTION 420.5089, FS FLORIDA HOUSING FINANCE NEW CONSTRUCTION,
RULE CHAPTERS 67-47, FAC CORPORATION REHABILITATION
HOME FINAL RULE 24 CFR PART 92.
The federally g.overned and funded HOi\IE Investment Partnerships
(HOi\IE) Program was enacted in 1990 as part of the
Cranston-Gonzalcz National Affordablc Housing Act. The HOi\IE
Program provides Participating Jurisdictions (P./), such as thc state of
Florida and some eligible cities within Florida, with thc opportunity to
administer and distribute federal funds to cxpand the supplies of decent,
safe and affordablc housing in accordancc with their goals and strategies
outlined in their Consolidated Plans. Florida I-lousing Finance
Corporation (FHFC) administers the State's annual allocation of HOl\1E
funds as two separate programs: (1) a multifamily rental development
loan program; and, (2) a second mortgage loan program for (a) single-
family developments and (b) for first-time home buyers in conjunction
with FHFC's Single-Family l\'lortgage Revenue Bond (SFMRB)
Program.
Eligible Activities/Beneficiaries: HOi\1E Rent,d: Acquisition (in
conjunction with new construction or rehabilitation), new construction,
reconstruction, and moderate or substantial rehabilitation of non-luxury
rental housing with suitable amenities. HOI\I E provides first or second
position mortgage loans for rental developments. Affordability periods for
rehabilitated properties is 15 years - 20 years for newly constructed
properties. State and participating jurisdictions' eligible activities may vary
and are not required to allow all eligible activities as provided by HUD.
-@t
F 1-1 FC is also developing a tcnant-
based rented assistance program to
provide households with rent
assistance for up to 24 months.
Details of this program may be
obtained on FI-IFC's \Veb site or
by contacting program staff.
Set aside Requirements: Eighty
percent of the 1-I0i\IE-Assisted Units
must be occupied by bmilies at 60
percent or less of the median t:1Il1ily
income for the area, as determined by HUD, with adjustments for family
size, and 20 percent of the HOi\IE-Assisted Units must be occupied by
f~lmilies at 50 percent or less of the median bmily income for the area, as
determined by I-IUD, with adjustments of t:lmily size.
Loan Terms: Construction loans have a term of 15 years for rehab and 20
years for new construction. The loans are non-amortized and have a simple
interest rate of zero percent for nonprofit and 3 percent for for-profit appli-
cants with intcrest payments due annually.
Eligible Applicants/Application Process: For the State H Oi\1E
program, nonprofit and for-profit corporations, Community Housing
Development Organizations (CHDOs), local governments, Regional
Planning Councils, and, in some instances, Public I-lousing Authorities arc
eligible to apply. Upon receipt, FHFC staff review, score and rank
applications according to items such as funding, ability to proceed,
leveraging and experience of development team.
Program Contacts: Vicki Robinson, Admillistrator, Florida Housing
Finance Corporation, 227 North Bronough Strect, Suite 5000, 'ElIlahassee,
FL 32301-1329, (850) 488-4197. Email: vicki.robillsoll@jloridallOlIsillg.org
\ Vebsite: www.jloridallOlIsillg.org
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HOMEOWNERSHIP ASSISTANCE PROGRAM (HAP)
CONSTRUCTION/PERMANENT LOAN
The Home Ownership
Assistance Program, Con-
struction/Permanent Loan is one
of two sub-programs that make up
HAI~ Down Payment Assistance is
discussed 111 th cHAP /Down
Payment Assistance Program.
The HAP Construction Loan
Program provides below market
interest rate loans to nonprofit
developers and sponsors for
the construction or substantial
rehabilitation of single-family
residences.
AT A GLANCE:
Source: Applicallts: FillaJ/ce Type: BELOW MARKET RATE
SADOWSKI ACT FUNDS NONPROFIT DEVELOPERS AND LOANS &/OR NON-AMORTIZING
SPONSORS DOWN PAYMENT ASSISTANCE LOANS
E Ilflcted: Cycle: H ousi Ilg l]'pe:
1992 ANNUAL COMPETITIVE CYCLE HOMEOWNERSHIP
Regulfltioll: A dl1l ill istrator: Pril1lfl!]' Uses:
SECTION 420.508, FS AND FLORIDA HOUSING FINANCE CONSTRUCTION /PERMANENT
RULE CHAPTERS 67-50, FAC. CORPORATION LOANS
Eligible Activities/Beneficiaries: Construction. rehabilitation. land
acquisition. pre-development and infrastructure in the development of
single family residences for very low (50 percent or less of area median).
and low (80 percent or less of area median). For low-income home buyers,
a portion of the Construction Loan may be converted into a Permanent
Loan to be used as down payment or closing cost assistance or as a zero
interest, deep subsidy. second mortgage loan to reduce the principal
amount of the first mortgage (See HAP-Down Payment). A minimum
of four housing units constitutes an eligible development for HAP
Construction loans.
Set Aside Requirements: Thirty percent of the units must be sold
to persons or families who have incomes that do nor exceed 50 percent
of the state or local median income, whichever is greater. adjusted for
family size; and a minimum additional 30 percent of the units must be sold
to persons or families who have incomes that do not exceed 80 percent
of the state or local median income, whichever is greater. adjusted for t~lmily
size. Any remaining units in the development must be sold to persons or
families who have incomes that do nor exceed ISO percent of the state or
local median income. whichever is greater.
Loan Terms: The Construction Loan has a zero percent annual
interest rate for a maximum three year term. Construction Loans arc
due and payable on a pro rata basis upon the sale. transfer, refinancing or
rental of the home prior to the due date of the HAP Construction Loan.
Repayment of principal on permanent loans is deferred for the term of
the first mortgage, except in the event of sale, transfer, or rental of the
single-family residence or refinancing or satisfaction of the mortgage
loan. then the loan becomes due in full.
Eligible Applicants/Application Process: The annual competitive
application cycle is open to nonprofit developers and sponsors with
preference given to Community Development Corporations (CDCs) or
Community Based Organizations (CBOs) that meet threshold score
requirements, followed by developments that have received financing
through the Pre-development Loan Program (PLP). The maximum
HAP loan req uest is the lesser of 33 percent of the [()ntl cost of the
development or the annuallcgislarive appropriation.
Program Contacts: Elizabeth Loggins, Ad",illistrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000,
'Etllahassee. FL 32301-1329. (850) 488-4197.
Email: e/izabeth ./oggi Ils@f!oridaholtsillg.org
\ Vebsi te: www.floridaluJlIsil/g.org
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Program Contacts: Wallisa Cobb, Admil/istrator, Florida
Housing Finance Corporation, 227 North Bronough Street, Suite
5000, Tallahassee, FL 32301-1329, (850) 488-4197.
Email: wa/lisa .cobb@f/oridahollsing.org
\Vebsite: www.f/oridahollsing.org
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HOMEOWNERSHIP ASSISTANCE PROGRAM (HAP)
DOWN PAYMENT ASSISTANCE
AT A GLANCE:
SOllrce: Applical/ts: FIRST-TIME HOME Fi I/a J/ee D'pe:
SADOWSKI ACT FUNDS BUYERS (THROUGH LENDERS) ZERO PERCENT SECOND
PARTICIPATING IN THE SINGLE-FAMILY MORTGAGE LOANS
MORTGAGE REVENUE BOND PROGRAM
Ellacted: Cycle: H ollsiJ/g Type:
1992 OPEN HOMEOWNERS HIP
Reglllo ti 0 J/: Adm iJ/ istrotor: Primary Uses:
SECTION 420.5088, FS FLORIDA HOUSING FINANCE DOWNPAYMENT, CLOSING COST
RULE CHAPTERS 67-45, FAC CORPORATION THROUGH ASSISTANCE, AND FIRST
ApPROVED LENDERS MORTGAGE REDUCTION
The I-Iomeownership Assistance Program (I-IAP)/Down
Payment Assistance Program works in conjunction with the
Single Family f\lortgage Revenue Bond (SF~I RB) Program.
Eligible Activities/Beneficiaries: Florida Housing lends, on a
first-come, first-served basis, an amount up to $10,000 to assist
persons with incomes at or below 80 percent of the state or county
median income, whichever is greater. The loans are zero percent,
non-amortizing second mortgages. Repayment of principal is
deferred for the term of the first mortgage, except in the event of
sale, transfer, refinancing, or non-occupancy of the single-family
residence, in which case the HAP DIP loan is payable in full.
Loan Terms: The loan term is 30 years.
Eligible Applicants/Application Process: Eligible home
buyers with incomes at or below 80 percent of the state or county
median income, whichever is greater are encouraged to apply
through lenders originating Single-Family f\/ortgage Revenue
Bond funds (see SFf\/RB Program).
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HOMELESS HOUSING ASSISTANCE GRANT (HHAG)
AT A GLANCE:
Source: Applicallts: Fillallce Type:
SADOWSKI ACT CONTINUUM OF CARE LEAD GRANTS
AGENCIES
Ellacted: Cycle: H OUSillg Type:
2001 ANNUAL COMPETITIVE TRANSITIONAL, PERMANENT RENTAl
Regulatioll: Admillistrator: Prill/ary Uses:
420.621-625 FS FLORIDA DEPARTMENT OF NEW CONSTRUCTION
CHILDREN & FAMILIES REHABILITATION
The Homeless Housing Assistance Grant is the state's newest
homeless prevention program designed to supply
Continuum of Care catchment areas with funds to construct or
rehabilitate housing units to be used as either transitional or
permanent housing for homeless persons. In 2005, $5 million in
funding was available and grants could not exceed $750,000 per
proJect.
Eligible Activities/Beneficiaries: A project to be assisted must
serve homeless persons or families in either transitional or perma-
nent housing. The grant is available for either new construction
of housing units, or for the rehabilitation of existing buildings for
housing units. Eligible costs for new construction and rehabilita-
tion may include costs of permits and fees for the building
process, on-site improvements to the property or utility service
directly related to the building activity. Ineligible expenses
include acquisition, development soft costs and impact fees.
l'vIanufacrured housing units are eligible for assistance. All units
assisted must be reserved for use by homeless persons. Assisted
units may be part of a larger development. All assisted units must
remain in reserve for homeless persons for a 10 year period.
Eligible Applicants/Application Process: Lead Agencies of a
recognized Continuum of Care catchment area are eligible ro
apply for I-IHAG funds. Lead Agencies may sub-contract funds to
housing development projects identified in the Continuum of
Care Plan. Applications are ranked with preferences for leverage,
number of units, and catchment area need. Lead Agencies may
annually receive funding for up to two development requests per
catchment area. Applications may be obtained from the State's
Office on Homelessness.
Contact Information: Tom Pierce, Executive Director, Office
on Homelessness, 1317 Winewood Boulevard, Tallahassee, FL
32399-0700 Phone: (850) 922-4691 Fax: (850) 487-1361
Email: tom_pierce@dcLstate.fl.us
We bsi te: www.dcfstate.fl.lls/homelesslless
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HOUSING CREDITS (HC)
AT A GLANCE:
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Set-Aside Requirements: Florida
rcquircs a highcr standard than
thc minimum fcdcral rcquircmcnrs
for this program.' In ordcr ro bc
compctitivc in Florida I-lousing
Finance Corporation application
proccss for Low-Income Housing
'Elx Crcdits, dcvclopers must
commit (() set aside at Icast 70
perccnr of thc dcvclopmcnt's units
at 60 pcrccnt Ai\1I or less, and
depcnding on location, dcvelopcrs
may havc ro additionally commit ro
set asidc at least IS pcrccnr (included in thc prcviously statcd 70
pcrcenr figure) of the dc\'elopmcnr's units at 30 pcrccnr Ai\1I or Icss.
l\loreO\'Cr, devclopcrs arc induccd ro providc additional units at 40
perccnt Al\11 or less by allowing thcm (() rcquest morc tax credits. Sct
asidc units must remain affordable for a minimum period of IS ycars;
but in practice, all tax crcdit units are set aside for SO vcars ro bc
SO/lrce: Applica/lts: Fillallce 'l.)'pe:
1986 TAX REFORM ACT - U.S. NONPROFIT, FOR-PROFIT FEDERAL TAX CREDIT - EQUITY
DEPT. OF THE TREASURY
Ellacted: G.J'de: H o/lsillg 'ljope:
1986 ANNUAL COMPETITIVE RENTAL
Regulatioll: Adm ill istrator: Primal)' Uses:
SECTION 420.5099, FS FLORIDA HOUSING FINANCE NEW CONSTRUCTION,
RULE CHAPTER 67-48, FAC CORPORATION REHABILITATION
SECTION 42 INTERNAL REVENUE
CODE
Thc I-lousing Crcdit (HC) Program is govcrned by the U.S.
Dcparrmcnt of thc Trcasury and Florida's allocation is admin-
istcrcd by thc Florida I-lousing Financc Corporation. Under the I-IC
Program, succcssful applicanrs arc provided with a dollar-for-dollar
reduction in fcdcral tax liability in cxchange for thc dcvclopmcnt
or rchabilitation of units ro bc occupicd by vcry low- and low-
incomc houscholds. Dcvclopers who cannot usc thc tax rcduction
may scll credits in exchange for cquity (() thc devclopmcnr.
On a projcct basis, thc amount of crcdits available is approximatcly
cqual (() 9 pcrcenr of the cost of building each vcry low-incomc unit,
including a reasonablc developcr fce but cxcluding land cosr. For
cerrain fedcrally assistcd projccts such as, l\lultifamily i\lorrgagc
Rcvcnuc Bonds and Rural I-lousing Dcvelopment this rranslatcs inro
4 perccnr of building costs. Syndication of the crcdits to invcsrors
can raisc cquity (() pay for 40 pcrcenr or morc of a projcct's costs.
Eligible Activities/Beneficiaries: Thc HC Program targcts thc
ncw construction or acquisition and substantial rehabilitation of
housing for familics at or bclow 60 pcrcent of arca mcdian income.
Rcnt, including utilities, for all tax credit assisted-units may not
cxcccd 30 percent of the applicable incomc limitation for thc
surrounding arca.
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.., .
com petItI\'e III scan ng.
Eligible Applicants/Application Process: For-profit and nonprofit
organizations and public agencies may apply for tax credits on a
competitivc basis through a cyclc that includes l\1l\IRBs and SAIL.
Application cycles arc hcld annually and are rcvicwcd, scorcd and
rankcd according to such itcms as funding, ability (() procccd,
Icvcraging and experiencc of dcvclopmcnt tcam.
Program Contact: Chris Buswcll, rldmillistmtor, Florida Housing
Financc Corporation, 227 Norrh Bronough Strcct, Suitc SOOO,
'Edlahasscc, FL 32301-1329; (8S0) 488-4197.
Email: ch ris.b/lswe//@f1oridllho/lsillg.org
Wcbsite: www.f1oridllho/lsillg.org
!'fhl' minimlllll fl'dlItll H'fjllirOlll'III.,/o/" Ifll' 1.1111'(: f)rogl"tllll i.\ji)/' rlrf.'f'/opn:. If! s/,/-,I.\;t/{, "ilno,},1 {in"("('II! (~r (I rlr,-,dop-
/111'111:, IIlIil.. (//.'(' Pf'I"f"f'III.l.Il1o/" Irs.... "I' .h' pl'I,nll ()l IH(, ,k~'dfJplll('III\'I",il... (/1 (H' pon'II/.LlII fll" Irs,,,,
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HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS
(HOPWA)
AT A GLANCE:
SOli rce: Applimll/s: Finance 7}pe:
AIDS HOUSING OPPORTUNITY ACT NONPROFITS & PUBLIC ENTITIES GRANTS
- FEDERAL ApPROPRIATION
Ellac/ed: Cycle: FORMULA ALLOCATION AND HOllsing Type:
1992 ANNUAL CYCLE RENTAL
Regllla/ion: Adm ill is/ralor: Prill/a!)' Uses: FINANCIAL SUPPORT
24 CFR PART 574 & PART 91 HUD - COMMUNITY DEVELOPMENT - SERVICES, TRANSITIONAL HOUSING
FLORIDA DEPARTMENT OF HEALTH NEW CONSTRUCTION, LEASING
AND HUMAN SERVICES - LoCAL GOVT. REHABILITATION, ACQUISITION
The Housing Opportunities for Persons with A( DS (HOPWA)
program provides housing assistance and related supportive
services for low-income persons with (-(IV/AIDS and their families.
The program seeks to prevent homelessness by encouraging compre-
hensive strategies for meeting the holistic needs of A(DS victims.
HUD provides formula allocations to states and qualified metropolitan
areas as well as a competitive cycle for innovative programs not
sponsored on a state or local level. The Florida Department of
Health and Human Services administers state funds through ten
regional groups. l\Ietropolitan areas which receive formula allocations
typically disperse funds through a regional planning process.
Eligible Activities/Beneficiaries: I-IOPWA funds may be used
for an array of housing, rental assistance, supportive services, and
program planning and development costs. Activities include. but
arc not limited to: the acquisition, rehabilitation or new construction
of community residences and SRO units; costs for the operation and
maintenance of facilities and community residences; rental assis-
tance; and short-term payments to prevent homelessness. State and
local formula dollars are used in compliance with planning efforts
that may not include all eligible activities. Beneficiaries arc persons
stricken with (-IIV/AIDs and related diseases and their families with
low (80% or less of area median) incomes.
Eligible Applicants/Application Process: States and qualified
metropolitan areas may receive formula grants while sponsors of
individual projects may be eligible for competitive grants.
Formula grants are awarded to states and metropolitan areas with
either a high incidence of AIDS infection or an above average
relative incidence per population. Eligible recipients are notified
of their formula allocation amounts and must submit an application
detailing how those funds will be used. Competitive grants arc
awarded for special projects of national significance and other
projects in areas not receiving formula grants. These funds are
announced through the NOFA process.
Contact Information: For more information on the HOPWA
program. contact: Office of HIV/AIDS (-(ousing Office, U.S.
Dcpartment of (-lousing and Urban Development. 451 Seventh
St., SW. Room 7212 Washington, DC 20410-7000 Phone: (202)
708-1934 Fax: (202) 708-9313 TTY (800) 877-8339.
We bsi te: Ii tt P://WWW.lillt/.gov/offices/cpt//lI it/sliollsi IIg/i II t/ex.ijlll
For a list of Florida regional I-IOPWA providers. contact:
Department of Health. Bureau of (-(IV/AIDS,4052 Bald Cypress
Way, Bin#A09, 'ElIlahassee, Florida 32399-1715 Ph: (850) 245-4335.
We bsi te: http://www.doh.state.fl.lIs/DiseaseJtrl/aidslcare/hopwa.html.
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LOW-INCOME EMERGENCY HOME REPAIR PROGRAM
(LEHRP)
AT A GLANCE:
Source: Applicants: Finance Type:
COMMUNITY SERVICES BLOCK WEATHERIZATION ASSISTANCE GRANTS
GRANT PROGRAMS
Enacted: Cycle: FORMULA GRANTS TO Hot/sing Type:
1981 WEiUHERIZAl10N AsSISD\NCE PROGRAMS HOMEOWNERSHlP
Regt/lation: Administrator: Primary Uses:
SECTION 420.36, FS AND RULE BUREAU OF COMMUNITY EMERGENCY HOME REPAIRS
CHAPTER 9B-57, FAC. ASSISTANCE - DEPT. OF
COMMUNITY AFFAIRS (DCA)
The Low-Income Emergency Home Repair Program
(LEHRP) provides granes co local agencies adminiseering
\Veaeherizaeion Assiseance Programs (\VAPs) (0 assise low-
income persons, especially senior cieizens and persons wieh
disabilieies, wieh emergency home repairs.
Eligible Activities/Beneficiaries: A wide range of seruceural,
healeh and safeey repair assiseance is available for pcrsons wieh
incomes ae 125 percene or less of ehe poveny level (including
TANF and SSI recipiencs) and includes ehe following: suucwral
repair, ceiling repair, elecuical repairs, adding handrails, wheel-
chair ramps or oeher accessibiliey ieems, plumbing, sepeic, eermiee
ueaemcnes, eec.
Preference is given co persons 60 years of age or older and persons
who are physically disabled.
Thc average level of assiseance is approximaeely $2,600 per unic.
Eligible Applicants/Application Process: Noncom peei ei ve,
formula granes are allocaeed (0 WAPs. Persons wieh incomes ae 125
~
percene or less of ehe poveny level (including AFDC and SSI
recipiencs) apply direccly (0 ehe local WAP for assiseance. WAPs
maintain a waieing lise for assiseance and prioriey is given co senior
cieizens, persons wieh disabilieies, and families wieh children
under ehe age of ewelve (12).
Program Contact: Norm Gempel, Plal/I/il/g ,I/al/ager,
\Veaeherizaeion Programs, Bureau of Communiey Assiseance,
Florida Depanmene of Communiey Affairs, 2555 Shumard Oak
Blvd., Tallahassee, FL 32399-2100; (850) 488-7541.
Email: lIorm.gempel@dca.state.fl.lIs
We bs i ee: Ii ttp://www.floridacolII 111 II II itydeveloPIll ell t.O rg/wap/illdex. Lilli
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LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM
(LHEAP)
AT A GLANCE:
Source: Applicallts: Fillallce Type:
COMMUNITY SERVICES BLOCK WEATHERIZATION ASSISTANCE GRANTS
GRANT PROGRAMS
E 11 acted: Cycle: FORMULA GRANTS TO H ousillg 7)'pe:
1981 WEATHERIZATION ASSISTANCE PROGRAMS HOMEOWNERS HIP, RENTAL
Regulatio11: Adm i llistrator: Primal}' Uses:
SECTION 409.58, FS FEDERAL BUREAU OF COMMUNITY ENERGY ASSISTANCE PAYMENTS
OMNIBUS BUDGET ASSISTANCE - DEPT. OF
RECONCILIATION ACT OF 1981 COMMUNITY AFFAIRS (DCA)
The Low-Income Home Energy Assistance Program
(LII-IEAP) provides grants to over 33 local governments and
nonprofit organizations (serving all of Florida's 67 counties) to
help low-income households pay their monthly energy bills
during times of financial crisis.
Program Contact: Hilda Frazier, LIHEAP Plallning Jl!a n agel',
Bureau of Community Assistance, Florida Department of
Community Affairs, 2555 Shumard Oak Blvd., Tallahassee, FL
32399-2100; (850) 488-7541.
Email: Izildll.frllzier@dcll.stllte.fl.us
We bsi te: Iz t tp://www.floridaco III III II J/ i tydeveloPllle J/ t.org/l i Izea p/i 11 dex. (fill
Eligible Activities/Beneficiaries: The Low-Income I-Iome
Energy Assistance Program can assist customers in paying their
home energy expenses. The program has three categories of
assistance: home energy assistance, crisis assistance, and weather
related or supply shortage emergency assistance. Each category
has unique requirements. Applicants can receivc up to onc
energy assistance payment and up to two crisis assistancc
payments annually.
Eligible Applicants/Application Process: Houscholds with a
net income that do not exceed 150 pcrccnt of thc poverty Icvel
(including WAGES and SSI recipients) may apply dircctly to the
local providcr of LIH EAP funds. Applicants must present proof of
an obligation to pay for home encrgy costs.
-@t
MORTGAGE REVENUE BONDS FOR RENTAL HOUSING
(MRB)
AT A GLANCE:
Sou rce: Applicallts: Fi I/O lice Type:
BOND ISSUES FOR- & NONPROFIT DEVELOPERS BELOW MARKET RATE LOANS
Currellt Provisiolls Ellacted: Cycle: YEAR ROUND WITH HOl/sillg'lJ'pe:
1986 PREFERENCE IN LIMITED CYCLE RENTAL
Regulatioll: Adm ill istmtor: P rilll{{l)' Uses:
SECTION 420.508(2), FS FLORIDA HOUSING FINANCE ACQUISITION, NEW CONSTRUCTION,
RULE CHAPTER 67-21, FAC CORPORATION REHABILITATION
The ?\Iultifamily Bond Program utilizes funds generated from
the sale of both taxable and tax-exempt bonds to make
below-market interest rate loans to nonprofit and for-profit devel-
opers of rental housing. Developments that receive tax exempt
financing also receive automatic four percent Housing Credits
directly from the federal government.
Eligible Activities/Beneficiaries: Low-interest rate loans, not
to exceed 95 percent of the total development costs, are available
for the new construction or acquisition and rehabilitation of rental
housing units.
Set Aside Requirements: For 'E1X Exempt bonds, developers must
agree to minimally set aside 20 percent of the development's units for
very low-income persons with incomes at or below 50 percent of the
area median, or 40 percent of the development's units for persons with
incomes at or below 60 percent of the area median. (If loan funds are
combined with another rental program, e.g. /-IO?\IE, HC, or SAIL, the
more stringent requircments regarding income, set-asides and
affordability periods apply). For taxable bonds, developers must
agree to set aside 20 percent of the units for low income persons with
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incomes 80 percent of the area median. I n practice, almost e\'ery
development sets aside 100 percent of the units for income eligible
families.
Terms of the Loan: i\laximum Loan term is 45 years. Interest
rate is determined at the time bonds are sold. Loans are limited
to the lesser of 95 percent of total development cost or amount
economically feasible and supported by project cash flow.
Eligible Applicants/Application Process: For-profit and
nonprofit organizations and public agencies may apply for ?\H~Bs
on a competitive basis through a cycle that includes /-IC and SAIL.
Application cycles are held annually and are reviewed, scored and
ranked according to such items as funding, ability to proceed,
leveraging and experience of development team.
Program Contact: David Westcott, Admil/istrator, Florida
Housing Finance Corporation, 227 North Bronough Street, Suite
5000, Tallahassec, FL 32301-1329; (850) 488-4197.
Email: david.westcott@floridahollsillg.org
\Ve bsi tc: wWZ\.'.f7orida hOlls i IIg.org
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PRE-DEVELOPMENT LOAN
Thc Pre-Devclopment Loan
Program (PLP) provides below
market intercst rate financing
and technical advisory services
to nonprofit organizations and
public entities for preliminary
development activities necessary
to obtain the requisite financing
to construct homeownership or
rental housing developments.
AT A GLANCE:
PROGRAM (PLP)
Source: Applicants: Finance 'l)'pe:
SADOWSKI ACT FUNDS NONPROFIT DEVELOPERS AND BELOW MARKET RATE LOANS
PUBLIC ENTITIES
EI/acted: Cycle: H ousil/g 'l)'pe:
1992 YEAR ROUND RENTAL, HOMEOWNERS HIP
Regulatiol/: Admil/istrator: Primal} Uses:
SECTION 420.521-529, FS FLORIDA HOUSING FINANCE ACQUISITION AND
RULE CHAPTER 67-38, FAC CORPORATION PRE-DEVELOPMENT ACTIVITIES
Eligible Activities: Funds are
provided as a line of credit of up to $500,000 for pre-development
activitics ineluding but not limitcd to: market and feasibility
analyses, crcdit underwriting fees, consulting fees, biological and
environmcntal assessments, appraisals, professional fces and site
acquisition. Funding may not exceed the lesser of estimated
p re-devc lopment costs or $500,000.
Eligible Beneficiaries and set aside requirements: For rental
devclopments, a minimum of 60 percent of the units must be rented
to persons whose income is 60 percent or less of the area median
incomc. For homeownership, units must be sold to persons
whose income is 80 percent or less of the area median income. A
minimum affordability period of 15 years is required for rental
developments. Home buyers must be income eligible at time of
purchase.
Loan Terms: The loan is set at 1 percent interest for nonprofits
and 3 percent interest for nonprofit/for-profit partnerships and is
non-amortizing with repayment of principal and interest deferred
until maturity. A loan may be forgiven if applicant is unable to
obtain construction or permanent financing for the dcvelopment.
The loan matures on the earlicr of (i) the date of elosing of the
pcrmanent/construction loan for the development or (ii) 3 years
from the datc of execution of loan documents. Loan tcrms can be
extended. \Vith respect to homeownership developments, lots
can be released from thc mortgage lien with partial payment of
the loan.
Eligible Applicants/Application Process: Applicants must submit
a PLP Application, which is accepted on an ongoing basis as funds
remain availablc. Applications can be obtained from Florida
I-lousing Finance Corporation or online at www..f7oridahollsillg.org.
The application fee is $100. Thc application is open to nonprofit
organizations. Community Development Corporations, local
govcrnments, and public housing authorities. Applicants that meet
thrcshold requirements are then invited to create a dcvelopment
plan. A PLP loan is issued once the Florida Housing Finance
Corporation approves a development plan. Technical Assistance is
provided to each applicant. To remain informed of current and
upcoming notices of funding availability. contact the program
administrator to placc your name on thc mailing list.
Program Contact: Rob Dearduff, Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000,
'fallahassee, FL 32301-1329; (850) 488-4197.
Email: rob.dea rdllff@floridahollsillg.org
Web site: www.poridahollsillg.org
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assistance to people currently
residing in SRO units eligible for
Section 8 assistance.
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SECTION 8 SINGLE ROOM OCCUPANCY MODERATE
REHABILITATION (SRO)
AT A GLANCE:
Source: Applicauts: Fillallce 'ljope:
McKINNEY ACT - FEDERAL NONPROFITS & PUBLIC ENTITIES GRANTS
ApPROPRIATION
ElIacted: Cycle: Housing Type:
1987 ANNUAL CYCLE RENTAL
Regulation: SECTION 441 OF THE Administrator: Primal}' Uses:
McKINNEY ACT (42 V.S.C. 11401 ET HUD - COMMUNITY REHABILITATION OF SRO UNITS
SEQ.) AND SECTIONS 8(E) (2) AND 8(N) OF DEVELOPMENT AND RENTAL ASSISTANCE
THE V.S. HOUSING ACT OF 1937 (42
V.S.C. 1437F). 24 CFR 882, SUBPART H
The SRO Program provides Section 8 rental assistance for
moderate rehabilitation of buildings with SRO units single-
room dwellings, designed for the use of an individual, that often
do not contain food preparation or sanitary facilities. A public
housing authority makes Section 8 rental assistance payments to
the landlords for the homeless people who rent the rehabilitated
units. The SRO program makes these units available by providing
rental assistance to owners for the cost of some rehabilitation,
ownership, and maintenance of SRO units. Rental assistance
payments cover the difference between the tenant's rental payment
(generally 30 percent of the tenant's adjusted income) and a unit's
rent, which must not exceed the fair market rent for the area.
Eligible Activities/Beneficiaries: Housing providers may only
use the funds for rehabilitation of housing into SRO units that will
be coupled with rental assistance. One quarter of the units proposed
for assistance must be vacant at the time of the application so that a
significant portion of those served are homeless. To qualify, a unit
must need between $3,000 and $16,000 in rehabilitation, which may
be amortized by the rental assistance. The initial lease between a
homeless person and the owner must be at least a year. The program
gives priority to homeless individuals. It also provides rental
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Eligible Applicants/Application
Process: Public housing
agencies and private nonprofit
organizations may apply. Nonprofit
organizations must subcontract
with public housing agencies to
administer the rental assistance.
HUD makes Section 8 SRO
rental assistancc available
through an annual competition
that includes the Supportive Housing and Shelter Plus Care pro-
grams. I-IUD enters into annual contracts with eligible providers
for 10 years. No single city or urban county can receive more than
10 percent of SRO funds awarded in a given year. After H UD
pu b I ishes a Notice of Fund i ng Avai la bi I i ty ( NO FA) for
Continuum of Care Homeless Assistance in the Federal Register,
applicants must submit specific information about a proposed
project, along with their Continuum of Care application. They
must also certify that the project is consistent with the
Consolidated Plan of the jurisdiction where each proposed
project is found. The application packet for Continuum of Care
programs IS available online or by calling Community
Connections, (800) 998-9999.
Contact Information: The Office of Special Needs Assistance
Programs in HUD's Office of Community Planning and
Development (CPD) administers the program. Contact: Alma
Thomas, 4.1 17th Street. SW. Washington, DC 20410, (202) 708-
0614, exr. 4470. Hearing impaired users may call the Federal
Information Relay Service at 1 (800) 877-8339.
\Ve bsi te: www.llud.gov/ojfices/cpd/lzo11leless/p/.og/.a11ls/s/.o/i lIt/ex.(f11l
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SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY
AT A GLANCE:
Source: HOUSING Acr OF 1959, 210 OF Applicants: Finance Type:
THE HOUSING AND COMMUNIIT NONPROFIT SPONSORS LOANS AND RENT SUBSIDIES
DEVEWPMENT Acr OF 1974 - U.S. HUD
Enacted: Cycle: Housing Type:
1974 ANNUAL COMPETITIVE RENTAL
Regulation: Administrator: Primary Uses:
24 CFR PART 891 HUD - MULTIFAMILY NEW CONSTRUCTION, RENTAL
ASSISTANCE, REHABILITATION,
ACQUISITION
H UD provides capital advances to finance the construction,
rehabilitation or acquisition with or without rehabilitation of
strucrures that will serve as supportive housing for very low-
income elderly persons, including the frail elderly, and provides
rent subsidies for the projects to help make them affordable. It
providcs very low-income elderly with options that allow them to
live independently but in an environment that provides support
activities such as cleaning, cooking, transportation, etc. The
program is similar to Supportive Housing for Persons with
Disabilities (Section 81l).
Eligible Activities/Beneficiaries: H U D provides interest-free
capital advances to private, nonprofit sponsors to finance the
development of supportive housing for the elderly. The capital
advance does not have to be repaid as long as the project serves
very low-income elderly persons for 40 years.
Project rental assistance funds arc provided to cover the difference
between the HUD-approved operating cost for the project and the
tenants' contribution towards rent. Projcct rental assIstance
contracts are approved initially for 5 years and are rencwable
based on the availability of funds. Occupancy in Section 202 housing
is open to any very low-income household comprised of at least
one person who is at least 62 years old at the time of initial occupancy.
Eligible Applicants/Application Process: Private non profit
organizations can apply to develop a Section 202 project if they
can, among other requirements, submit a resolution that they will
provide a minimum capital investment equal to 0.5 percent of the
H UD-approved capital advance, up to a maximum of $25,000 for
national sponsors or $10,000 for other sponsors. Public entities are
not eligible for funding under this program. Applications may
be submitted to the local HUD Field Office during annual,
competitive cycle.
Contact Information: To learn more about the Section 202
program, see Supportive Housing for tlte 1~lrler~)' (HUf) HandlJOo/'>
457/.3) and Supportive Housing for tlte Elderly-Conrlitional
Commitment-Final (HUf) Hanrlbool' 457/.5) which arc available
on the Internet at http://Www.llUdclips,org or from the HUD
l'vlultifamily Clearinghouse at (800) 685-8470.
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of the median income for the area) and at least one member must
be 18 years old or older and have a disability, such as a physical or
developmental disability or chronic mental illness.
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SECTION 811: SUPPORTIVE HOUSING FOR PERSONS
WITH DISABILITIES
AT A GLANCE:
Source: Applicallts: Fi 110 lire I)'pe:
SECTION 811 OF THE NATIONAL NONPROFIT SPONSORS LOANS AND RENT SUBSIDIES
AFFORDABLE HOUSING ACT OF 1990
Ellacted: Cycle: H ousillg I)-pc:
1990 ANNUAL COMPETITIVE RENTAL
Regu Ia/ioll: JI dill ill is t ra to r: PrilllO/~1' Uses:
24 CFR PART 891 HUD - MULTIFAMILY NEW CONSTRUCTION, RENTAL
ASSISTANCE, REHABILITATION,
ACQUISITION
H UD provides funding to nonprofit organizations to develop
rental housing with the availability of supportive services
for very low-income adults with disabilities, and provides rent
subsidies for the projects to help make them affordable. The
program also provides project rental assistance, which covers the
difference between the HUD-approved operating costs of the
project and the tenants' contribution toward rent. The program is
similar to Supportive Housing for the Elderly (Section 2(2).
Eligible Activities/Beneficiaries: I-I U D p rovi d es in te re st- free
capital advances and project rental assistance to nonprofit
sponsors to help them finance the development of rental housing
such as independent living projects, condominium units and small
group homes with the availability of supportive services for persons
with disabilities. The capital advance can finance the construction,
rehabilitation, or acquisition with or without rehabilitation of
supportive housing. The advance does not have to be repaid as
long as the housing remains available for very low-income persons
with disabilities for at least 40 years. Each project must have a
supportive services plan. An eligible household may consist of a
single qualified person with a very low income (within SO percent
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Eligible Applicants/Application Process: N'onprofit organizations
can apply to develop a Section 811 project if they can, among
other requirements, submit a resolution that they will provide a
minimum capital investment equal to O.S percent of the capital
advance amount, up to a maximum of $10,000. Applications may
be submitted to the local H UD Field Office during annual,
competitive cycle.
Contact Information: To learn more about the Section 811
program, see Seetioll 811 Supportive Ho{(sillg for Persolls with
Disabilities (HUD HalldbooA' 4571.2) and Supportive /-Io{(sillg
fo r Perso liS with D isa bi lit ie s, COli di t i 0 II a I Co 111 JI1 it lIIe II t to
Filial Closillg (HUD HalldbooA' 4571.4) which are available
on Hudclips at www.llllllclips.org or view 1-IUD's Website at
/z tfp://www./zud.gov/offices//zsg/IIl}l1/progdesc/disabSll.ljill
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SINGLE-FAMILY MORTGAGE REVENUE BOND PROGRAM
(SFMRB)
AT A GLANCE:
Source: Appliwnts: Finance 'l)'pe:
PRIVATE ACTIVITY ALLOCATION FIRST-TIME HOME BUYERS FIRST MORTGAGE LOANS
Enacted: Cycle: Housing 'l.l'pe:
1982 CONTINUOUS FUNDING HOMEOWNERSHIP
Regulation: Administrator: PrimmJ' Uses:
SECTION 420.508, FS FLORIDA HOUSING FINANCE PROVIDES Low INTEREST RATE
RULE CHAPTERS 67-25, FAC CORPORATION MORTGAGES FOR FIRST TIME
HOME BUYERS
The Single-Family l\lortgage Revenue Bond (SFl\IRB) Program
is also known as the First Time Home Buyer Program. It uses
proceeds from tax-exempt and taxable mortgage revenue bonds to
provide first time, low- to moderate-income home buyers with
below-market interest rate mortgage loans. Buyers generally benefit
by taking advantage of the low interest rate coupled with down
payment and closing cost assistance. This savings often determines
whether a potential buyer will be able to purchase a home.
Eligible Activities/Beneficiaries: Low rate mortgages for first
time home buyers with incomes at or below 115 percent A1\11, (140
percent in 'nlrgeted Areas) adjusted for household size. A portion
of the available funds arc made available at a subsidized rate for
the origination of Urban Infill Area loans, I-lope VI Project Area
loans, Front Porch Florida Community Area loans, Rural
Development Self-Help loans, and loans made to people with
disabilities through a statewide pool accessible to Participating
Lenders on a first-come, first-served basis.
Terms: l\lortgages to home buyers are 30-year, fixed rate loans
issued at the lowest possible interest rate. Zero percent, non-
amOrtIZlIlg second mortgage loans that are also provided by
Florida I-lousing are used in conjunction with the bond loans to
help with down payments and other closing costs (See Housing
Assistance Program).
Eligible Applicants/Application Process: First-time home
buyers who are income eligible may apply through an approved
local participating lender. Potential homebuyers may visit
www.f1oridaf1ollsillg.org to obtain a current list of participating
lenders or call 1 (888) 447-2977 to request a First-Time I-Iome
Buyer Program brochure. Lenders can obtain an application packet
for participation in the program by visiting www.f1oridaf1ollsillg.org
or contacting the Program Administrator.
Program Contact: Wallisa Cobb, Administrator, Florida Housing
Finance Corporation, 227 North Bronough Street, Suite 5000,
'ntllahassee, FL 32301-1329; (850) 488-4197.
Email: wallisa.cobb@floridaf1ollsillg.org
We bs i te: www.j7oridaf1ollsillg.org
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STATE APARTMENT INCENTIVE LOAN PROGRAM
(SAIL)
AT A GLANCE:
Source: Applicants: Finance Type:
SADOWSKI ACT FUNDS FOR-PROFIT, NONPROFIT, PUBLIC GENERALLY SECOND OR BRIDGE
AGENCIES LOANS
Enacted: Cycle: Housing Type:
1988 ANNUAL COMPETITIVE CYCLE RENTAL
Regulation: Adm in isO"ator: Primal}' Uses:
SECTION 420.5087, F.S. FLORIDA HOUSING FINANCE NEW CONSTRUCTION, SUBSTANTIAL
RULE CHAPTER 67-48 FAC CORPORATION REHABILITATION
The State Apartmcnt Incentive Loan (SAIL) Program provides
low-intercst rate mortgage loans to developers who build or
substantially rchabilitate rental developments, made affordable to
very low (SO percent or less of area median) income households.
The SAIL loan bridges the gap between a development's primary
financing and total development costs.
Eligible Activities/Beneficiaries: The SAI L Program targets
the new construction or rehabilitation of vcry low-income housing
in the following catcgories: farm worker or commercial fishing
worker, elderly housing, family housing, and homeless devclopments.
The program targets very low income pcrsons, but allows a mixed
income devclopment in conjunction with private financing.
Terms: Loans are typically issued for a maximum of IS years but
can go longcr. Loans gcncrally are limitcd to 25 pcrccnt of the
project costs but may go highcr to certain nonprofit developments.
Intcrest rates are set cach year, and arc currently 3 percent interest
only, cash flow loans (1 percent on farmworker and homcless
d eve I op men ts).
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Set aside Requirements: 'I\\'t:nty
percent of the units must be
available to persons earning SO
percent or less of thc area or state
median income. For developmcnts
using Housing Credits a minimum
of 40 pcrcent of the units must
be available to persons earning 60
pcrcent or less of the area or
state median income. Both are
adjusted for family size. The
minimum affordability term is IS
years though almost cvery applicant commits to SO years. Among
the top scoring applications in 2004, thc average development's
proposed set asidc for family housing was 0.07 percent of units at
35 percent of area mcdian income and 82 percent of units at 60
percent or less of area median income.
Eligible Applicants/Application Process: For-profit and nonprofit
organizations and public agencies may apply for SAI L on a
competitive basis through a cycle that includes HC and i\IRBs.
Application cycles are held annually and are reviewcd, scored and
ranked according to such items as funding, ability to proceed,
leveraging and expericnce of development team.
Program Contact: Vicki Robinson, Administrator, Florida
Housing Finance Corporation, 227 North Bronough Street, Suite
5000, 'Elllahassee, FL 32301-1329; (850) 488-4197.
Email: vicki.robinson@j7oridahollsing.org
Website: www.f/oridahollsing.org
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STATE HOUSING INITIATIVES PARTNERSHIP:
SHIP PROGRAM
AT A GLANCE:
Source: AppliCfllltS: Fillance i)-pe:
SADOWSKI ACT FUNDS FOR-PROFIT, NONPROFIT, PUBLIC GENERALLY SECOND OR BRIDGE
AGENCIES, INDIVIDUALS LOANS, GRANTS
Ellacter/: Cycle: LocAL GoVERNMENT CoNIROL BASED Housing i.i'pe:
1992 ON ANNuAL LEGISlATIVE APPROPRIATION HOMEOWNERSHIP, RENTAL
Regulatioll: Ar/m ill istrator: Primal}' Uses: GAP FINANCING,
SECTION 420 PART VII, FS FHFC - LOCAL GOVERNMENT NEW CONSTRUCTION, REPAIRS,
RULE CHAPTER 67-37, FAC CONTROL REHABILITATION, ACQUISITION,
DOWNPAYMENT ASSISTANCE
Created in 1992 as part of the
William E. Sadowski Affordable
I-lousing Act, the State I-lousing
Initiatives Partnership (SHIP)
Program's mission is threefold: (1)
provide funding to eligible local gov-
ernments for the implementation of
programs that create and preserve
affordable housing; (2) foster public-
private partnerships to create and
preserve affordable housing; and, (3)
encourage local governments to
implement regulatory reforms and promote the development of
affordable housing in their communities by using funds as an incentive
for private development. Funds arc allocated to every Florida county, as
well as municipalities, which receive CDBG entitlement funds.
Eligible Activities: SH IP funds may bc used for emcrgency repairs,
new construction, rehabilitation, down payment and closing cost assis-
tanec, construction and gap financing, mortgagc buy-downs, acquisition
of propcrty for affordablc housing, special needs housing, home owner-
ship counseling and match for fcderal housing loans and grants. A min-
imum of 65 percent of a local governmcnt's total annual distribution of
SHIP funds must be used for home ownership. A minimum of 75
percent of a local governmcnt's total annual distribution of SH I P funds
must bc used for construction-related activities, including rehabilitation,
new construction, emergcncy repairs, or financing for a newly
construetcd or rehabilitated unit.
Eligible Beneficiaries: At least 30 pcrcent of a local governmcnt's
total annual distribution of SHIP funds must bc reserved for awards
to very low-ineomc pcrsons (50 perccnt A 1\1 I ), and an additional 30
percent of funds must be awarded to low-incomc pcrsons (80 perccnt
Atvll). The remaindcr may servc any combination of very low, low- or
modcrate-incomc pcrsons (120 perccn t A1\ II).
Eligible Applicants/Application Process: Individuals, nonprofit
organizations, and for-profit developcrs must apply to local
government for funding. Each local govcrnment receivcs an annual
allocation, which is appropriated by the Florida Legislature. To
participatc, a local government must establish a Local Housing
Assistancc Program; submit and reccive approval of a Local
I-lousing Assistance Plan to the Florida Housing Finance
Corporation; adopt and incorporatc Local I-lousing Inccntivc
Strategies; establish or amend local land developmcnt regulations,
policies, and proccdures in ordcr to implcmcnt incentive stratcgics;
submit an annual report of the housing program's accomplishments;
and encouragc public and private scctor involvcment in thc form of
a partncrship to further program goals and rcducc housing costs.
Each locally administered SHIP Program detcrmincs the process of
awarding and distributing funds within its community and is
required to establish selection criteria to identify eligible applicants
and the application process in their local Housing Assistancc Plan.
Program Contact: Rob Dearduff, Ar/millistrator, Florida I-lousing
Finance Corporation, 227 North Bronough Strcet, Suite 5000,
"Elllahassee, FL 32301-1329; (850) 488-4197.
Email: rob.dea rd uff@floridahollsillg.org
Website: www.j7oridallOlIs;lIg.org
-@r-
SUPPORTIVE HOUSING (SHP)
AT A GLANCE:
SOli rce: Applicollts: Fillallce l}pe:
McKINNEY ACT - FEDERAL NONPROFITS & PUBLIC ENTITIES GRANTS
ApPROPRIATIONS
Ellacted: Cycle: H ollsing Type:
1989 ANNUAL, COMPETITIVE RENTAL
Regulatioll: Adm ill istrator: Primal)' Uses:
SUBTITLE C OF TITLE IV OF THE HVD - COMMUNITY NEW CONSTRUCTION, LEASING
STEWART B. MCKINNEY ACT (42 DEVELOPMENT REHABILITATION, ACQUISITION
V.S.C. 11361 ET SEQ.) 24 CFR 583
S HP provides grants to develop supportive housing and services
that will enable homeless people to live as independently as
possible. Program funds help homeless people live in a stable
place, increase their skills or income, and gain more control over
the decisions that affect their lives.
Eligible Activities/Beneficiaries: SHP funds supportive housing
projects that include: (I) transitional housing (generally used for 24
months or less as a stepping stone to permanent housing); (2) permanent
housing for homeless people with disabilities; (3) supportive services
for homeless people not living in supportive housing; and (4) other
typcs of innovative supportive housing for homeless people.
Supportive services include: child care, employment assistance, out-
patient health services, case management, help in getting permanent
housing, nutritional counseling, security arrangements, and help in
obtaining other assistance. SI-IP provides funding for new projects and
for the renewal of projects currently receiving SHP funds. Providers
may choose among a variety of activities: to acquire a homeless facility;
to build, rehabilitate, or lease a homeless facility; to pay for new or
increased supportive services to homeless people; and to meet some of
the day-to-day operating expenses of homeless facilities. Finally, they
may use SI-IP to pay limited administrative expenses.
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Grantees must match funds for
acqUISition, rehabilitation, and
new construction with equal or
greater funding amounts from
other sources. They may use up
to $200,000 for acquisition and
rehabilitation of structures (up to
$400,000 in designatcd high-cost
areas) and up to $400,000 for new
construction. SI-IP funds up to 75
percent of the operating costs for a
supportive housing project for the
first 2 years, and up to 50 pcrcent the third year. Finally, grantees
may use up to 5 percent of their grant for administrative cxpenscs. A
person must be homeless to receive help from SI-IP projects
Eligible Applicants/Application Process: Eligible applicants
include States, local governments, other government agencies (such as
public housing agencies), private nonprofit organizations, and community
mental health associations that are public nonprofit organizations. I-I UD
awards SI-IP funds as annual competitive grants through its NOFA
process. Each application must include a certification that the project is
consistent with the Consolidated Plan of the jurisdiction where each
proposed project is found. The application packet for Continuum of
Care programs is available by contacting Community Connections
(Phone: (800) 998-9999, Fax: (301) 519-5027/5622, 'I'D D: 800-483-2209,
Web site: www.COIllCOII.01.g) for the Homeless Assistance Program
Application Package and the Homeless Application Instructional Video.
Contact Information: Relevant technical information on thc
Supportive I-lousing Program is available electronically through HlJD-
CLIPS. The Office of Special Needs Assistance Programs at the HUD
Office of Community Planning and Development (CPD) administers
the program. Contact: ~hrk Johnston, 451 7th Street, SW, Room 7262,
Washington, DC 20410, (202) 708-4300. Hearing impaired users may
call the Federal Information Relay Service at (202) 708-1455.
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u.s. DEPT. OF AGRICULTURE, RURAL HOUSING
SERVICES (USDA/RHS)
AT A GLANCE:
Source: Applicants: Finance 7)'pe:
FEDERAL ApPROPRIATIONS FOR-PROFIT, NONPROFIT, PUBLIC LOANS AND GRANTS
AGENCIES
Enacted: Cycle: H ousillg 7)'pe:
VARIOUS BY PROGRAM VARIOUS BY PROGRAM HOMEOWNERSHIP, RENTAL
Regulation: A dill in istrator: Primal}' Uses:
7 CFR PART 1980, PART 3550 AND USDA REGIONAL AND LOCAL NEW CONSTRUCTION,
HB2-3550 OFFICES REHABILITATION
The USDA Rural Housing
Serviee has various programs
available to aid in the develop-
ment of rural America. Rural
housing programs are divided
into three catcgories:
Community Facilities (CF),
Single-Family Housing (SF H),
and l\lultifamily Housing (l\IFH).
These programs were formcrly
operated by the Rural
Devclopment Administration
and thc Farmers I-Iome Administration. The Florida State Office,
loeated in Gainesville, administers USDA Rural Development
programs for Florida through five area and 15 local offices.
Detailed information and applications for financial assistanee are
available through area and local Rural Developmcnt offices.
SINGLE FAMILY HOUSING (SFH) PROGRAMS
502 Direct Loan Program: Provides home ownership loans to
very low (50% or less area median) and low-(80% or less area medi-
an) income rural residents to purchase, construct, repair, rccon-
struct, or relocate a dwelling and related facilities. Up to 100 percent
of the value may be financed, however, leveraging with other subsi-
dies (such as SHIP and HOl\IE) and private lenders is encouraged.
The maximum loan term is 33 years and 30 for manufactured
homes. Terms may go to 38 years for those with incomes at less than
60% of area median. The maximum mortgage limits, by county,
are determined by the Department of I-lousing and Urban
Development (HUD). Funds are available on a first-come, first-
served basis and very low and low-income persons make direct
application to their local USDA Rural Development office.
504 Loan and Grant Program: Provides home improvement
and repalf loans (with a 1 percent interest rate) and grants to
enable very low (50% or less area median) income rural homeowners
to remove health and safety hazards in their homes and/or make
homes accessible for people with disabilities. Grants are also
available for persons 62 years of age and older who are unable to
repay a loan. The maximum loan amount is $20,000 and the
maximum grant an elderly person can receive is $7,500. Funds
are available on a first-come, first-served basis and very low and
low-income persons make direct application to their local USDA
Rural Development office.
Housing Preservation Grants: Provide qualified nonprofit
organizations and public agencies with grant funds to administer
programs that assist very low- and low-income rural home
owners with the repairs and/or rehabilitation of their homes.
Also, grants can assist rural, rental property owners and co-ops
with repair and rehabilitation of their units, if units will be
made available/reserved for low- and very low-income persons.
A national, competitive application for Housing Preservation
Grant funds is held annually (generally late fall/carly spring)
and qualified nonprofit organizations and public agencies are
eligible to apply. Contact the local USDA Rural
Development office for more information on upcoming cycles
and a p pi ica tion in forma tion.
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Guarantee Housing Program: The single-family program targets
persons and families with moderate incomes (up to 115 percent of
the area median) who are lacking the down payment necessary to
purchase a new or existing home. Guaranteed Rural I-lousing
Loans may be made up to 100 percent of the market value or
acquisition costs, whichever is less, which eliminates the need
for both a down payment or mortgage insurance. The loan term
is 30 y?ars and the maximum loan may not exceed $86,317
(unless the eligible property is located in a "high-cost area" as
determined by HUD). Loans are purchased by either Fannie l\lae
or Ginnie i\lae as 100 percent loan-to-value with the guarantee.
Lenders must apply to their local Rural Development office to
become approved to originate RHS Guaranteed Rural I-lousing
loans (and then eligible home buyers apply to approved lenders).
Guarantee Housing Program: The multifamily provides loan
guarantees for the construction, acquisition, or rehabilitation of rural
multifamily housing. Persons served must be very low, low, or
moderate-income households, elderly, handicapped, or disabled
persons with income not in excess of 115 percent of the area median
income. The terms of the loans guaranteed may be up to 40 years,
and the loans must be fully amortized. Rates of the loans guaranteed
must be fixed, as negotiated between lender and borrower.
Self-Help Housing Loans: Are generally administered by non-
profits or municipalities working to assist groups of six to eight
low-income families, helping each other to build homes. The
loans are limited and competitive and nonprofits or municipalities
must make application to their local RHS office. Loans fund the
provision of materials, site acquisition and skilled labor, until the
home is completed. The families must agree to work together
until all homes are finished. Generally, Self-Help Housing Loans
are combined with 502 Direct Loans to further assist low-income
home buyers with down payment assistance or a deep subsidy
second mortgage loan.
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]\1 ichacl A. Langston,
f);/,{'{'/o/"
Community Programs
4440 NW 25th Placc
Gaincsvillc. Florida
32()06
Tcl: (352)33H-3440
Fax: (352).BH-3485
Email:
III iclIael./allgstoll@jl./lsda.g""
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MULTIFAMILY HOUSING (MFH) AND SITE
DEVELOPMENT PROGRAMS
Rural Rental Housing Loans: Enable individuals or organiza-
tions to build or rehabilitate rental units for low- and moderate-
income residents in rural areas.
Rental Assistance: Reduce out-of-pocket cash that very low-
and 100\'-income families pay for rent, including utilities.
Farm Labor Housing Loans and Grants: Enable farmers, pub-
lic or private nonprofit organizations, and local governments to
build, buy, or repair farm labor housing in either dormitory or
multi family apartment style.
Congregate Housing and Group Homes: Provide living units
for persons with low- to moderate-incomes and for those age 62 or
older.
Rural Housing Site Loans: Enable private or public nonprofit
organizations to purchase adequate building sites for development.
USDA/RHS Program Contacts (State Office)
\Vebs i te: Ii ttp://www.ntrdev.lIsda.gov/rlis/illdex.litllll
Daryl L. Coopcr.
f);/,('(!o/,.
Single Family
Housing
4440 NW 25th Placc
Gaincs\'illc. Florida
,~2606
Tcl: (352)338-.)436
Fax: (352)33H-3437
Email:
daly/.coope r@f/./lsda.got'
Elizabcth Whitakcr.
f);/'rr'!o/'.
i\Iultifam i Iy I-I ousi ng
4440 NW 25th Placc
Gaincsvillc, Florida
32606
Tcl: (352)33H-3442
Fax: (352 )338-343 7
Email:
e / i z a be t II .coo pe r@f/./lsda.got'
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APPENDIX 3
THE WILLIAM E. SADOWSKI AFFORDABLE HOUSING ACT
The Florida Legislature enactcd the William E. Sadowski Affordable
Housing Act in 1992, creating a dedicated rcvcnue source by
increasing the documentary stamp tax by 20 cents. A strong coalition of
diverse interest groups including the Florida Home Builders Association,
thc Florida Association of Realtors, the Florida League of Citics, the
Florida Association of Counties, The Department of Community Atfairs,
the Florida I-lousing Finance Corporation, 1000 Friends of Florida, the
Florida Housing Coalition, Florida Impact, Florida Catholic Conference,
and Florida Legal Services banded together to support this legislation.
The monies from the doc stamp are split between the Florida Housing
Finance Corporation and all counties and entitlement municipalities. The
monies are split approximately 70/30 between local government and the
state, respectively. Currently, the Sadowski Act is generating over $375
million annually.
The Sadowski Act created the State I-lousing Initiatives Partnership
Program (SHIP), Section 420.9067, rIorida Statutes. Local governments
receive annual allocations based on population, distributed monthly.
These monies are to be used to implement the housing clement of the
local comprehensive plan consistent with the SHIP plan adopted by the
local government. Certain legal parameters apply to SHIP plans, including
that 65% of the monies are to be used for home ownership activities; no
monies are allowed to be used for ongoing tenant subsidies; 75% of the
monies are to be used for construction activities. Local government is
required to implement regulatory reform in the form of expedited
permitting for affordable housing and an ongoing process of review of all
land development regulations, comprehensive plan amendments, and
ordinances that increase the cost of housing, prior to adoption.
The Catalyst Program of Training and Technical Assistance was also
created by the Sadowski Act. This program is currently administered by
the Florida Housing Finance Corporation and is used to provide free
technical assistance and training to local governments and non profit
organizations. The Florida Housing Finance Corporation uses the
Florida Housing Coalition to provide workshops and on-site technical
assistance throughout the state on a broad range of housing issues.
The portion of the Sadowski Act monies that are distributcd to the state
are used by the Florida Housing Finance Corporation to fund its programs,
which are largcly low interest loan programs for the development of
rental housing for low-and very low-income families. The Florida
I-lousing Finance Corporation operates like a public interest bank. It
makes loans based on a highly competitive process which generally
requires an experienced development team with immediate ability to
proceed on a project that uses the least amount of government subsidy
and offers maximum resident services and amenities, with units set aside
for 50 years of affordability. The programs operated by the Florida
Housing Finance Corporation arc covered in Appendix 2.
The William E. Sadowski Affordable Housing Act reactivated the
Affordable I-lousing Study Commission, a 21 member blue ribbon panel
of gubernatorial appointees. The Study Commission makes an annual
report to the Governor, Speaker of the House, and President of the
Senate.
In 1996, the Study Commission undertook a study of the problem of
NIl\IBYism. The Commission found that although Florida is a national
leader both in planning and financing affordable housing, our affordable
housing shortage is growing faster than our production.
The Commission found that a serious obstacle to providing atfordable
housing is the neighborhood opposition that is too frequently
encountered when a developer brings its plans to a local elected body for
permitting or land use approvals. A number of land use remedies were
explored in 1997, including a state override process for local land use
decisions, and a "fair share" process similar to that used in New Jersey
pursuant to the l\lount Laurel cases. The Commission studied the
Pueblo Bonito case in Lee County (See page 43) and recommended in
its 1997 annual report that Florida adopt an amendment to its fair
housing laws to prohibit land use decisions that are based on the source
of financing in the development or proposed development. The
amendment was enacted effective July 1,2000 (See page4/).
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APPENDIX 4
PLANS, LAND DEVELOPMENT REGULATIONS,
AND DEVELOPMENT ORDERS
PROCESS AND PROCEDURE for the three types of land use
proceedings dealing with:
(1) comprehensive plan amendments;
(2) land development regulations; and
(3) development orders.
(1) COMPREHENSIVE PLAN AMENDMENTS
Section 163.3184, Fla. Stat. (2000) (2003), establishcs a t\\'o-tier
process to amend a comprehensive plan. First, the local government,
at a public hearing, decides to transmit a proposed plan amendment
to the Department of Community Affairs for review. After this, the
Department has up to 60 days to review the amendment, issue an
Objections, Recommendations and Comments Report (ORC) and
return the amendment to the local government for further consideration.
Thcreafter, the local government has 60 days to consider the ORC
and adopt the amendment (If its an EAR-based amendment the local
government has 120 days). If the amendment is adopted at a second
public hearing, it is sent to the department again for a compliance
review, which takes 45 days. Upon determining whether the amend-
ment is consistent with Rule <)./-5 Florida Administrati\'e Code
(Florida Administrative Code), Section 163.3177, 163.31776,
163.3 178, 163.3 I 80, 163.3 I <) I, and 163.3245, the state plan and the
regional plan, the Department will publish a Notice of Intent (NOI)
in the local newspaper. Ifno one objected to the amendment and the
department chose not to review it. upon the request by the local
government, the department has 20 days to issue a notice of intent
and must find the amendment in compliance. I t is this determination
that constitutes agency action and pro\'ides a point of entry for
affected persons.
AFFECTED PERSONS
An affected person who can become a party in administrative
proceedings dealing with a plan amendment is any person who is
a resident of. owns property, or who owns or operates a business
in the jurisdiction, and who provided written or oral comments,
recommendations or objections to the local govern men t d u ri ng
the time between the transmittal and the adoption hearings. It
also includes pcrsons owning property adjacent to abutting a
parcel that is the subject of a future land use map amendment
and adjacent local governments.
DETERMINATION OF COMPLIANCE
I f the department determines that the amendment is nor in compliance
with state law, it must initiate a formal administrative proceeding by
filing a petition and a statement of intent setting forth the reasons why
the amendment is not in compliance (SOl) with the Division of
Administrative Hearings (DOAI-I). Any affected person may intervene
in that hearing. Any new issue not raised by the Department in the
SOl, may be raised by a third party within 21 days of the issuance of
the NOI. If the department determines that the amendment is in
compliance, any affected person has 2 I days to file a petition for formal
administrative proceedings with the department, or the amendment will
become effective. The content of this petition is governed by
28- 106.201. (Florida Administrative Code).
DETERMINATION OF NONCOMPLIANCE
\\'here the department has determined that the amendment is in
compliance, the petitioner must show that the amendment is nor "fairly
debatable." \Vhere the department has found the amendment not to he
in compliance, the burden of proof is the preponderance of evidence
standard, which is easier to meet than the fairly debatable standard.
SMALL SCALE AJ\>IENDMENTS
If the plan amendment involves less than 10 acres or it is located in
certain areas which have been designated a Sustainable Community
pursuant to Section 163.3244, Florida Statutes, and it is adopted pursuant
to the separate procedures authorized for small scale plan amendments
set forth in Section 163.3 I 87, the Department of Community Affairs is
not involved in the revicw or approval of the plan amendment. \\'ith
these types of amendments, thc dcpartment does not issue an ORC, nor
does the agency determine if the plan amendment is in compliance, and
it does not publish a notice. The procedures to review these types of
amendments are also different. Any affected person may challenge
these amendments by filing a petition with the Division of
Administrative Hearings in 'Edlahassee within 30 days after adoption of
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the amendment. In sueh proceedings, the burden of proof on the
petitioner is to show that the amendment is not in compliance by a
preponderance of the evidence.
(2) LAND DEVELOPMENT REGULATIONS
State law requires that local governments implement comprehensive
plans through the adoption of appropriate land development regulations
(LDRs). Zoning and subdivision regulations are types of LDRs, and
other more innovative ordinances may also constitute LD Rs. Section
163.3213, Florida Statutes sets forth the procedures by which a
substantially affected person may challenge an LOR as inconsistent
with the adopted comprehensive plan. Standing to initiate these
types of proceedings was liberalized in the Act, which requires that
the petitioner be a substantially affected person as provided by
Seetion 120.57, Florida Statutes. This means the party must pro\'e
they come within the zone of interest protected by the plan or LDR,
which is a broader grant of standing than that afforded the average
citizen in the courts. See, Florida Home Builders Association v.
Department of Labor, 412 So.2d 351 (Fla. 1982).
PROCEDURE FOR CHALLENGING LDRs
Any challenge to an LDR must be brought within one year of its adop-
tion. To initiate a challenge, the citizen must file a petition with
the local government setting forth the LOR's inconsistency with
the plan. The local government has 30 days to consider and
respond to the petition, after which time the petition may be filed
with the Department within 30 days. Upon receipt of a petition
challenging an LOR, the Department will notify the local govern-
ment of its receipt, and then initiate an informal fact-gathering
process to determine if the LOR is consistent with the plan. This
may entail a meeting with the affected parties and the filing of
memoranda. Within 60 days of receipt of the petition the department
will issue a written decision on the issue. If the department finds
that the LOR is inconsistent with the plan, it will initiate a formal
administrative proceeding at DOAH, in which proceeding the citizen
and the local government are parties. If the department determines
that the LOR is consistent with the plan, it will issue such an order
and the substantially affected person who filed the initial petition
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with the local government has 21 days to file a petition for formal
administrative proceedings with DOAH.
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I n both proceedings, the burden of proof is on the petitioner to prove
that the LDR's consistency with the plan is not fairly debatable, and in
both cases the hearing officer issues a final order.
(3) DEVELOPMENT ORDERS
The effective implemcntation of comprehensive plans is furthered
through the requirement that all actions taken by local governments
that effect the development of land be consistent with the plan.
Section 163.3215, Florida Statutes sets forth the procedures to
challenge development orders as inconsistent with the plan. A
developmcnt order is defined as an order issued by the local
government which grant, denies or grants with conditions an application
for a development pcrmit. Examples include site plan approvals,
planned unit development approvals, special exceptions, rezonings,
building permits, or variances, In practice, a development order is any
action of local government which has the effect of permitting the
devclopment of land, and can include preliminary or final approvals.
After a development order is issued, any aggrieved or adversely affected
person may challenge the order as inconsistent with the plan. To
establish standing under this provision, the person bringing the
challenge must allege and prove that they will suffer an interest that is
protected or furthered by the plan, which is different from that suffered
by the public at large. An example is an adjacent property owner. The
petition must be filed within 30 days from the date of the rendition of
the development order or after exhausting local remedies, whichever is
later, in the circuit court. Local governments are authorized by recent
amendments to Chapter 163, Florida Statutes to adopt their own local
special master process that meets certain minimum standards, which
would substitute for a circuit court trial. In such cases review is based
on the record prepared in the special master proceeding. However, few
local governments havc adopted these special master procedures, so
most development order challenges involve a full circuit court trial.
The challenge to a development order directly involves the developer.
Consequently, since money is usually on the line, this process can get
adversarial and expensive.
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APPENDIX 5
BIBLIOGRAPHY OF PROPERTY VALUE STUDIES
Our homes are usually our most important financial investment. Homeowners' concern over property values is
a constant: 'rhe following is a biblio~raP!1Y of property value stud.ies bas.ed on s..tat.istical and em'pirical,~lI1alysis
and covetIng hundreds of case studIes from throughout the nation. Vlftually WIthout exception, attordable
housi ng deve lopmen ts have been fou nd to have no effect on neigh bori ng market rate property va lues, and in some
instances have increased thc valuc of neighboring property. Local govcrnITlent clectcd officials and their staff can
use these studies as cvidence to counteract homeowner fears about loss of property value.
Advisory Commission Regulatory Barriers of Affordable I-lousing.
(1991). Not In 1\lv Backvard: Removing Barriers to Affordable
Housing Washington, DC: U.S. Department of I-lousing and Urban
Development.
Aidala, A., Darden,.I. T., & Souza Briggs, X. (1999). In the Wake
of Desegregation: Early Impacts of Scattered Site Public Housing
on Neighborhoods in Yonkers, New York. Journal of the American
Planning Association 5 (1).
Baird, .I. (1980, December). The Effects of Federally Subsidized
Low Income Housing on Residential Property Values in Suburban
Neighborhoods. Fairfax County, VA: Northern Virginia Board of
Realtors.
Boydell, K. 1\1., Pierri, A. 1\1., & Trainor, ./. N., (I989). The Effect
of Group Homes for the 1\lentally III on Rcsidential Propcrty Values.
Hospital and Community Psvchiatry 9 (40),. pp. 957-958.
Cha, C. (1996). NIMBY Fears, Communitv Perception: Analvsis of
Affordable and Market-Rate Housing Developments in Oakland.
California. Oakland. CA: Department of City and Regional
Planning of the University of California.
Coopers & Lybrand. (1994). Habitat for Humanity South Ranch 2
Community Impaet Study.
Cummings, 1>.1\-1., and Landis, .I.D. 1993. Relationships between
affordable housing developments and neighboring property val-
ues (Working Paper 599). Berkley. CA University of California at
Berkley, Institute of Urban and Regional Development.
Dear, 1\1., & Wilton, R. The Question of Property Values.
Campaign for New Communitv. Literature Review.
Department of Housing and Community Development. (1988). The
Effects of Subsidized and Affordable Housing on Property Values: 11
Survev of Research.
Downs, A. (1960, 1\-lay). An Economic Analysis of Property Values
in Race. Land Economics.
Ekos Research Associates (1989). Summary Report for the Eval::
uation of Property Value Impacts: nonprofit Housing. Toronto,
Canada: Housing Advocacy 'Elsk Force.
Family I-lousing Fund. (2000, September). A Studv of the Rela::
tionship Between Affordable Family rental Housing and I-Iome
Values in the Twin Cities: Final Report. l\linneapolis, 1\IN:
http://www'.fhflllld. olg/w'hats lIew.hlm.
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Farber, S. (1986, December). Market Segmentation and the Effects
of Group Homes for the Handicapped on Residential Property Values.
Shreveport-Bossier City, LA: Urban Studies. pp. 519-525.
Fuerst,.I. S., & Decker, 1\1. (1977, October). How to Build Subsi-
dized I-lousing in the Suburbs. Planning. pp. 14-17.
Galster, George C, Ph D, A Review of Existing Research on the
EtTects of Federally Assisted Housing Prol!:rams on Neil!:hborhood
Residential Property Values, A Report to the National Association
of Realtors, September, 2002.
Galster. George C; and Titian. Peter A.. Why NOT in 1\lv
Backvard? Neil!:hborhood Impacts of Deconcentration Assisted
Housinl!:. Center for Urban Policy Research, 2003.
Galster. G. C.. Santiago, A.i\I., Smith. R., and Tatian, P.A. 1999.
Assessing property \-alue impacts of dispersed housing subsidy
programs: final report (Urban Institute Report). Washington, DC:
U.S. Department of I-lousing and Urban Development. The
impacts of supportive housing on neighborhoods and neigh-
bors,2000.
Goetz. E. G., Heirlinger. A. & Lam, H. K. (] 996, September).
There Goes the Neighborhood? The impact of subsidized multi-
family housing on urban neighborhoods. 1\linncapolis/St. Paul,
i\IN: The Center for Urban and Regional Affairs and
Neighborhood Planning for Community Revitalization. 96 (]).
Green, Richard K; 1\lalpezzi. Stephen; and Seah. Kiat-Ying, Low
Income "L1X Credit I-lousing De\-elopments and Property Values,
The Center for Urban Land Economics Research, The University
of Wisconsin, June 14.2002
Gruber, K. .I., Hiatt, A. R., & Shelton, G. G. (1985). The Impact of the
Presence of i\lanufactured I-lousing on Residential Property Values:
A comparative study of residential property transfers in selected
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residential areas of Guilford County. Guilford County, NC:
North Carolina i\lanufaerured Housing Institute. North Carolina
A&T State University.
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Guy. D. C.. Hyson..I. L., & Ruth. S. R. (1985). The Effect of Sub-
sidized I-lousing on Values of Adjacent Housing. Journal of the
American Real Estate and Urban Economics Association U, (4).
Hicks, E. (1982, February). Study proves 1\Ianufactured I-lousing
does not Depreciate Conventional Neighbors. San .lose. CA:
i\lanufaetured Housing Dealer.
Hirsch, C. (1992) A Samplinl!: I-listorical Pricinl!: Trends of Housinl!:
Units Surroundinl!: Affordable I-Iome Proiects. Santa Rosa,
Sonoma, & Peta lu ma, CA: Burba n k I-I ousi ng Deve lopm e n t
Corporation.
Hoaglin. D.. Layzer. ./.. & Nutt-Powell. T.I. (1986). Residential
Property Value and i\lobile/i\lanufactured Homes: A case study of
Belmont. New Hampshire. loint Center for Housing Studies and
Technologv and I-Iarvard University. Working W 86-].
HomeBase/The Center for Common Concerns. (] (96). Buildinl!:
Inclusive Communitv: Tools to Create Support for Affordable
I-lousing. San Francisco. CA.
HO\dand. L. (]985, September). Holloway Terrace: Neighborhood
Acceptance of Affordable '-lousing in San Francisco. UrbanLand.
Iglesias, T, & Gontarski, T (] (98). Overcoming Obstacles to
Affordable I--Iousing: i\lceting Needs and i\laking Neighbors.
Sacramento. CA: California Affordable Housinl!: Handbook:
Stratq,!ies for Planning and Development for the California
Redevelopment Association.
Johnson and Olson Associates of Austin. TX. (] (88). Department
of i\Iental Health and :\Iental Retardation Ouestions and Answers.
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Larry Smith and Associatcs, Ltd. (1992). A Propertv Values Case
Studv: An analvsis of the effect of nonprofit housing on neighbor-
ing residential propertv values. Prepared for the Pecl I-lousing
Opportunity Center, Department of I-lousing. Regional
1\lunicipality of Pcel.
Leary, Jeff. (1999). Affordable I-lousing: The I mpact on Propertv
Values, a Sllrvev of Literature. The California Redevelopment
Association.
Lynn Sedway &. Associates. (1983, February). Impact of Affordable
Housing on Propertv Values in ~Iarin Countv, CA. i\larin County,
CA: Report prepared for the Ecumenical Association for I-lousing.
i\laRous, I'd. (1996, January). Low-income I-lousing in our Back-
yards: What Happens to Residential Property Values? The
Appraiser lourna!. pp. 27-33.
i\larrow, D. (1995). Defending Their Turf. Smartmonev, p.6.
i\laryland-National Capital Park and Planning Commission, Prince
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income environments in i\lontgomery County. J\laryland and
Fairfax County. Virginia with statistical analysis. The Innovative
I-I ous i ng In i tia tive.
Pendall, R. (1997). i\lvths and Facts About Affordablc and High-
Densitv Housing. California Department of Housing and
Community Development.
Rabiega, W., Lin, T, &. Robinson, L. (1984, J\lay). The Property value
Impacts of Public Housing Projects in Low and i\loderate Density
Residential Neighborhoods. Portland, OR: Land Economics. 6 (2).
Saunders, L., &. Woolford, i\1. ./. (1979). The Effect of a Federallv
Assisted I-lousing Proiect on Propertv Values. Jefferson County,
CO: Colorado State University Extension Service.
Siegel. .loyce, Innovative Housing Institute Thc House Next
Door: A studv of the impact of subsidized housing on propertv
values of private market rate housing gin mixed-income environ-
ments in i\lontgomerv Countv. i\laryland and Fairfax County,
Virginia. 2000.
Smith, B. (1992). i\leasuring the Effects of Affordable Housin!! on
Residential Propertv Values. Unpublished i\laster's Thesis, for San
Francisco State University, California.
Spear Street Advisors, Inc. of San Francisco, CA. (1988). Impact
Studv for Sacramento Housing and Redevelopment Agencv.
Sacramento. CA.
Torrey and Torrey, Incorporated and Haley-Leslie Appraisal
Company. (1983). EIR for Corte i\ladera homes. i\larin County,
CA.
Warren, E.. Adduddell. R. i\1.. &. 'I~ltalovich, R. (1983, August).
The Impact of Subsidized Housing on Property Values: A Two-
Pronged Analysis of Chicago and Cook County Suburbs. I L.
Center for Urban Policy. Loyola University of Chicago, IL: Urban
Insight Series. 13.
Woodrow Wilson School of Public and International Affairs. (1982).
Long Term Neighborhood Propertv Impacts of Group Homes for
i\1cntallv Retarded People. Princeton University.
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APPENDIX 6
OTHER RESOURCES AND CONTACT INFORMATION
OTHER RESOURCES
Affordable Housing For Florida's Future, a video and
accompanying brochure
The Florida Affordable Housing Study Commission (AHSC) is a
twenty one member body appointed by the Governor to make
annual recommendations to the Governor and the Legislature.
The AHSC specifieally addresses NIi\IBYism in its 1996 Report.
The AHSC produced a film in response to the NIi\H~Y problem to
educate the public about affordable housing and to dispel some
of the myths associated with affordable housing. The film,
"Affordable Housing For Florida's Future" (1997) and an accom-
panying brochure on NHv1BYism and the law is available in
extremely limited supply from the Florida Housing Coalition,
1367 East Lafayette, Street, Suite C, 'Elllahassee, FL 32301
Phone (850) 878-4219; Fax (850) 942-6312. See the Florida
Department of Community Affairs AHSC Website for more
information www.dea.state.fI. /ls/flzed/a Izsc.
The National Low Income Housing Coalition NIMBY Report
Established in 1974, the National Low Income J-Iousing Coalition
is dedicated solely tn ending America's affordable housing crisis.
NLIJ-IC educates, organizes and advocates to ensure decent,
affordable housing within healthy neighborhoods for everyone.
NLIHC provides up-tn-date information, formulates policy, and
educates the public on housing needs and the strategies for
solutions. The NLIHC produces The NIMBY Report, a semi-
annual report that provides in-depth analysis on specific subjects
as well as a monthly supplement to i\lemo to Members available
on line at www.lllilze.org.
The Building Better Communities Network
The Building Better Communities Network Website is an
information clearinghouse and communication forum dedicated to
building inclusive communities and to successfully siting affordable
housing and community services. This \Vebsite was created to help
those who site community housing, by providing them with the
tools they need to successfully complete their housing efforts.
www.b/li Id ill geoll/lIl /Ill it i es.o rg.
The Affordable Housing Design Advisor
Sponsored by the U.S. Department of Housing and Urban
Development contains case studies with specifics for each project;
lists of architects developers, contractors, and other professionals
with experience the field of affordable housing design. Checklists
and step-by- step guides, and good indexes for finding information
can be found at www.desigllad'lJisor.org.
Good Neighbors: Affordable Family Housing
Written by Tom Jones, William Pettus, and Michael Pyatok, published
by Rand Publishing, Inc., 1996, this is a 349 page book about
affordable housing design. It includes a variety of case studies
from various regions of the United States, illustrating different
design and development challenges. The work of serval innovative
architects is featured. Available from online booksellers and from
the authors' Website www.alldllet.org/goodlleiglzbors/.
Design Matters: Best Practices in Affordable Housing Design
This is an online catalog of 75 developments embodying good
design, built between 1980 and 2000. Compiled by the City Design
Center oat the University of Illinois at Chicago, the site allows users
to search for project information by developer architect region, state,
location typed, residential typc, construction type, construction
practices, and design objectives www./lic.edll/aa/cdc/IIH DC/website/.
Image Bank
This is a section from the website operated by the Congress for the New
Urbanism. It displays architect-supported drawings and photos of
affordable housing developments. Go to www.ell/l.org.click on
Resources at the top of the home page, and select Image Bank. Once on
the Image Bank page, select Affordable I-lousing from the pull down
keyword menu.
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NIMBY A Primer for Lawyers and Advocates
A publication of the American Bar Association Steering Committee
on Unmet Legal Needs of Children and Commission on
Homelessness and Poverty, 1999, American Bar Association. To
obtain copies call (800) 285-2221 and request PC 4180008.
Fair Housing, The Siting of Group Homes for People with
Disabilities and Children
This Local Officials Guide is published by the National League of
Cities. It consists of practical, how-to information designed to
assist local government leaders in carrying out their policy and
program implementation responsibilities more effectively. To
order, contact NLC Publications Center (888) 571-2939 or
Email www.lllc.org
The Campaign for Affordable Housing
The affordable housing community has an excellent track record
and a great story to tell. The Campaign for Affordable I-lousing is
dedicated to telling that story. It is the only national organization
with the sole purpose of educating Americans about the benefits
of affordable housing as a community asset and supporting grass-
roots efforts to mobilize support for housing programs. The
Campaign for Affordable I-lousing: 1000 Corporate Pointe, Suite
200, Culver City, CA 90230 · 310-642-2061 - fax: 310-642-2083
www.tcah @tcah.org
NIMBYism;Navigating the Politics of Local Opposition
i\lichael C. Thomsett
CenterLine i\ledia
1021 Arlington Blvd., Suite 1206
Arlington, VA 22209
www.cellterlille11/edia.co11/
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CONTACT INFORMATION
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Florida Housing Finance Corporation
227 North Bronough Street Suite 5000
'Edlahassee, FL 32301-1329
(850) 488-4197
www.j70ridaho 11 S i IIg.o rg
The Florida Department of Community Affairs
2555 Shumard Oak Boulevard
'Edlahassee, FL 32399-2100
(850) 488-8466
www.dca.stafe.p.lIs
AI-ISC: (850) 922-1600
WWW.dCll.sfafe.p.lIs/j7lcd/ahsc
The Florida Housing Coalition
1367 East Lafavette Street Suite C
'1~t1lahassee, FL 32301
850/878-4219; Fax (850) 9426312
Catalyst Program for Training and Technical Assistance
(800) 677-4548
www.flhollsillg.org
1000 Friends of Florida
926 E. Park Avenue
'Edlahassee, FL 32301
(850) 222-6277: Fax (850) 222-1117
www./ ()()(~folorg
Shim berg Center for Affordable Housing
University of Florida
College of Design, Construction & Planning
Rinker School of Building Construction P.O. Box 115703
Gainesville. FL 32611-5703
(352) 392-7697; Fax: (352) 392-4364
www.shi11lberg.llp.ed 11
National Low Income Housing Coalition/LIHS
1012 Fourteenth Street N.W., Suite 610
Washington, D.C. 20005
(202) 662-1530: Fax (202) 393-1973
www.lllihc.org
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WITH APPRECIATION FROM THE AUTHOR
The photographs in this book are a sampling of single family and multifamily
affordable housing from around the state. Special thanks to the Florida Housing
Finance Corporation and the followingfor-profit and nonprofit Florida developers
for providing photographs of the affordable housing and the people who live there.
Banc of America CDC
LCA Development, Inc.
The Beztak Company
~Iichaels Development Company
Boston Capital Properties
Orlando Neighborhood Improvement Corporation
Bradenton I-lousing Authority
The Orlando Housing Authority
Broward County CDC
Partnership In Housing
Carrfour Corporation
Pinnacle Housing Group
The Carlisle Group
National Development of America, LLC
The CED Companies
Tacolcy Community Development Corporation
The Coalition to Assist Supported Living (CASU
Telesis ~Iiami Corporation
Community I-lousing and Resources, Inc.
Wcndover Housing Partners, Inc.
The Cornerstone Group
Weststar Homes, Inc.
John 1\1. Curtis
The Wilson Company
First City Realty and Development
Winter Park Housing Authority
Keystone Challenge Fund, Inc.
Vestcor Development Corporation, Inc.
Kingmont Corporation
Thf' rkriKI/ for {his hoo!: ",'IIS provir/f'r! hy Tor/,ll. TNO/llIIJ of TNO/llIIS /)lImll cf :ls.wrill{{,S. II/{"..
Ms. Ross is the Affordable Housing
Director at 1000 Friends of Florida, a
statewide nonprofit growth management
organization. Prior to
joining 1000 Friends
of Florida in 1991,
i\ls. Ross was a land
use and real property
lawyer in private
practice, representing
for profit and non-
profit developers and
financial institutions.
During her tenure at
1000 Friends, Jaimie .1aimie Ross
initiated the broad-based coalition that
successfully advocated passage of the
William E. Sadowski Affordable I-lousing
Act. She continues to facilitate the
Sadowski Act Coalition which ensures
funding under the Sadowski Act,
providing a dedicated revenue source
for affordable housing in Florida. Ms.
Ross served as a Commissioner on
Florida's Affordable Housing Study
Commission from 1992 -2002. She serves
on the National Low Income Housing
Coalition NIMBY Report Advisory
Committee; is the president of the Florida
I-lousing Coalition; and chair of the
Affordable Housing Committee of the
Real Property & Probate Section of the
Florida Bar. Ms. Ross was recently named
a James A. Johnson Community Fellow
by the Fannie Mae Foundation.
Email: jaimieross@aol.com
IFA
l:lttl:t~I.J:l
!JJIIgn.4IB'
FLORIDA HOUSING
COALITION
Phone: (850) 878-4219
Fax: (850) 942-6312
www.flhousing.org
1367 E. Lafayette St.
Suite C
Tallahassee, FL 32301
we make housing affordable
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